The Magistrates' Courts (Children and Young Persons) Rules 1988

PART II JUVENILE OFFENDERS

Application of Part II.

4.  This Part shall apply in the case of a child or young person brought before a court charged with an offence except that only rules 5 and 8(2) shall apply where the court is inquiring into the offence as examining justices.

Assistance in conducting defence.

5.—(1) The court shall, except in any case where the child or young person is legally represented, allow his parent or guardian to assist him in conducting his defence, including the cross-examination of witnesses for the prosecution.

(2) Where the parent or guardian cannot be found or cannot in the opinion of the court reasonably be required to attend, the court may allow any relative or other responsible person to take the place of the parent or guardian for the purposes of this Part.

Duty of court to explain charge in simple language.

6.  The court shall explain to the child or young person the substance of the charge in simple language suitable to his age and understanding.

Duty of court to take plea of child or young person.

7.  The court shall then ask the child or young person whether he pleads guilty or not guilty to the charge.

Evidence in support of charge and cross-examination.

8.—(1) If the child or young person does not plead guilty the court shall hear the evidence of the witnesses in support of the charge. At the close of the evidence-in-chief of each witness the witness may be cross-examined by or on behalf of the child or young person.

(2) If in any case where the child or young person is not legally represented or assisted in his defence as provided by rule 5, the child or young person, instead of asking questions by way of cross-examination, makes assertions, the court shall then put to the witness such questions as it thinks necessary on behalf of the child or young person and may for this purpose question the child or young person in order to bring out or clear up any point arising out of any such assertions.

Evidence for defence.

9.  If it appears to the court that aprima facie case is made out, the child or young person shall, if he is not legally represented, be told that he may give evidence or address the court, and the evidence of any witnesses shall be heard.

Procedure after finding of guilt.

10.—(1) Where a child or young person is found guilty of an offence, whether after a plea of guilty or otherwise—

(a) he and his parent or guardian, if present, shall be given an opportunity of making a statement;

(b) the court shall take into consideration such information as to the general conduct, home surroundings, school record and medical history of the child or young person as may be necessary to enable it to deal with the case in his best interests and, in particular, shall take into consideration such information as aforesaid which is provided in pursuance of section 9 of the Act of 1969;

(c) if such information as aforesaid is not fully available, the court shall consider the desirability of remanding the child or young person for such inquiry as may be necessary;

(d) any written report of a probation officer, local authority, local education authority, educational establishment or registered medical practitioner may be received and considered by the court without being read aloud; and

(e) if the court considers it necessary in the interests of the child or young person, it may require him or his parent or guardian, if present, to withdraw from the court.

(2) The court shall arrange for copies of any written report before the court to be made available to:

(a) the legal representative, if any, of the child or young person;

(b) any parent or guardian of the child or young person who is present at the hearing; and

(c) the child or young person, except where the court otherwise directs on the ground that it appears to it impracticable to disclose the report having regard to the age and understanding of the child or young person or undesirable to do so having regard to serious harm which might thereby be suffered by him.

(3) In any case in which the child or young person is not legally represented and where a report which has not been made available to him in accordance with a direction under paragraph (2)(c) has been considered without being read aloud in pursuance of paragraph (1)(d) or where the child or young person, his parent or guardian has been required to withdraw from the court in pursuance of paragraph (1)(e), then—

(a) the child or young person shall be told the substance of any part of the information given to the court bearing on his character or conduct which the court considers to be material to the manner in which the case should be dealt with unless it appears to it impracticable so to do having regard to his age and understanding; and

(b) the parent or guardian of the child or young person, if present, shall be told the substance of any part of such information which the court considers to be material as aforesaid and which has reference to the character or conduct of the parent or guardian or to the character, conduct, home surroundings or health of the child or young person;

and if such a person, having been told the substance of any part of such information, desires to produce further evidence with reference thereto, the court, if it thinks the further evidence would be material, shall adjourn the proceedings for the production thereof and shall, if necessary in the case of a report, require the attendance at the adjourned hearing of the person who made the report.

Duty of court to explain manner in which it proposes to deal with case and effect of order.

11.—(1) Before finally disposing of the case or before remitting the case to another court in pursuance of section 56 of the Act of 1933, the court shall inform the child or young person and his parent or guardian, if present, or any person assisting him in his defence, of the manner in which it proposes to deal with the case and allow any of those persons so informed to make representations:

Provided that the child or young person shall not be informed as aforesaid if the court considers it undesirable so to do.

(2) On making any order, the court shall explain to the child or young person the general nature and effect of the order unless, in the case of an order requiring his parent or guardian to enter into a recognisance, it appears to it undesirable so to do.

Notice to be given where remand is extended in absence of child or young person.

12.  Where a child or young person has been remanded, and the period of remand is extended in his absence in accordance with section 48 of the Act of 1933, notice shall be given to him and his sureties (if any) of the date at which he will be required to appear before the court.