The Magistrates' Courts (Children and Young Persons) (Amendment) Rules 1999

Statutory Instruments

1999 No. 1343 (L. 13)

MAGISTRATES' COURTS

PROCEDURE

The Magistrates' Courts (Children and Young Persons) (Amendment) Rules 1999

Made

12th May 1999

Laid before Parliament

12th May 1999

Coming into force

1st June 1999

The Lord Chancellor, in exercise of the power conferred upon him by section 144 of the Magistrates' Courts Act 1980(1), and after consultation with the Rule Committee appointed under the said section 144, hereby makes the following Rules:

1.  These Rules may be cited as the Magistrates' Courts (Children and Young Persons) (Amendment) Rules 1999 and shall come into force on 1st June 1999.

2.—(1) The Magistrates' Courts (Children and Young Persons) Rules 1992(2) shall be amended as follows.

(2) For rule 28 there shall be substituted the following rule–

“28.   Where a young person is remanded or committed under subsection (4) of section 23 of the Act of 1969 (as modified by section 98 of the Crime and Disorder Act 1998) to:

(a) local authority accommodation with a requirement that he be placed and kept in secure accommodation;

(b) a remand centre; or

(c) a prison,

the court shall record in the warrant of commitment that it has declared as mentioned in that subsection.

(3) In Schedule 2, in forms 12, 14 and 20 (warrants of commitment for remand or committal to local authority accommodation), before the words “it is hereby ordered”, there shall be inserted the following words–”.

“[It is hereby declared that the defendant is a person to whom section 23(5) of the Children and Young Persons Act 1969 applies:]”.

Irvine of Lairg, C.

12th May 1999

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Magistrates' Courts (Children and Young Persons) Rules 1992 and certain forms in Schedule 2 to those Rules to make provision for the remand or committal of 15 and 16 year old boys into local authority accommodation with a requirement that they be placed and kept in secure accommodation. The amendments come into force on 1st June 1999.

(1)

1980 c. 43; section 144 is extended by section 145 of that Act.

(2)

S.I. 1992/2071, amended by S.I. 1997/2420 and 1998/2167.