Part 3Magistrates' courts

Family proceedings courts and youth courts

I150Youth courts

1

For section 45 of the 1933 Act (constitution of youth courts) substitute—

45Youth courts

1

Magistrates' courts—

a

constituted in accordance with this section or section 66 of the Courts Act 2003 (judges having powers of District Judges (Magistrates' Courts)), and

b

sitting for the purpose of—

i

hearing any charge against a child or young person, or

ii

exercising any other jurisdiction conferred on youth courts by or under this or any other Act,

are to be known as youth courts.

2

A justice of the peace is not qualified to sit as a member of a youth court for the purpose of dealing with any proceedings unless he has an authorisation extending to the proceedings.

3

He has an authorisation extending to the proceedings only if he has been authorised by the Lord Chancellor or a person acting on his behalf to sit as a member of a youth court to deal with—

a

proceedings of that description, or

b

all proceedings dealt with by youth courts.

4

The Lord Chancellor may by rules make provision about—

a

the grant and revocation of authorisations,

b

the appointment of chairmen of youth courts, and

c

the composition of youth courts.

5

Rules under subsection (4) may confer powers on the Lord Chancellor with respect to any of the matters specified in the rules.

6

Rules under subsection (4) may be made only after consultation with the Criminal Procedure Rule Committee.

7

Rules under subsection (4) are to be made by statutory instrument.

8

A statutory instrument containing rules under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

C12

Omit Schedule 2 to the 1933 Act (constitution of youth courts).

C13

Omit section 146 of the 1980 Act (rules relating to youth court panels and the composition of youth courts).

4

The 1933 Act” means the Children and Young Persons Act 1933 (c. 12).