The Criminal Procedure Rules 2005

PART 44 SENTENCING CHILDREN AND YOUNG PERSONS

Contents of this Part

Procedure after finding of guilt in a magistrates' court	rule 44.1
Duty of court to explain proposed sentence and effect	rule 44.2

Procedure after finding against minor in a magistrates' court

44.1.—(1) This rule applies where—

(a) the relevant minor (as defined in rule 38.1) is found guilty by a magistrates' court of an offence, whether after a plea of guilty or otherwise; or

(b) in proceedings of a kind mentioned in rule 38.1(2)(a), (b) or (c) the court is satisfied that the case for the applicant—

(i) if the relevant minor is not the applicant, has been made out, or

(ii) if he is the applicant, has not been made out.

(2) Where this rule applies—

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

(b) the court shall take into consideration all available information as to the general conduct, home surroundings, school record and medical history of the relevant minor and, in particular, shall take into consideration such information as aforesaid which is provided in pursuance of section 9 of the Children and Young Persons Act 1969(1);

(c) if such information as aforesaid is not fully available, the court shall consider the desirability of adjourning the proceedings 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 relevant minor, it may require him or his parent or guardian, if present, to withdraw from the court.

(3) 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 relevant minor;

(b) any parent or guardian of the relevant minor who is present at the hearing; and

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

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

(a) the relevant minor 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 relevant minor, 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 his character or conduct or to the character, conduct, home surroundings or health of the relevant minors, 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.

[Note. Formerly rule 10 of the Magistrates' Courts (Children and Young Persons) Rules 1992(2).]

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

44.2.—(1) Before finally disposing of the case or before remitting the case to another court in pursuance of section 8 of the Powers of Criminal Courts (Sentencing) Act 2000(3), the magistrates' court shall inform the relevant minor and his parent or guardian, if present, or any person assisting him in his case, of the manner in which it proposes to deal with the case and allow any of those persons so informed to make representations; but the relevant minor 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 relevant minor the general nature and effect of the order unless, in the case of an order requiring his parent or guardian to enter into a recognizance, it appears to it undesirable so to do.

• [Note. Formerly rule 11 of the Magistrates' Courts (Children and Young Persons) Rules 1992.]

(1)

1969 c. 54; section 9 was amended by Schedule 15 to the Children Act 1989 (c. 41).

(2)

S.I. 1992/2071; amended by S.I. 2003/1236; there are other amending instruments but none is relevant to this Part.

(3)

2000 c. 6; section 8 is amended by paragraphs 74(1) and (2) of Part 2 of Schedule 3 to the Criminal Justice Act 2003 (c. 44) with effect from a date to be appointed.