Children and Young Persons Act 1933

Part I E+W [F1 Outside Metropolitan Area]

Textual Amendments

F1 Heading in Sch. 2 Pt. I repealed (prosp.) by 1999 c. 22, ss. 77(1)(2), 106, 108(1), Sch. 15 Pt. V(2) (with Sch. 14 para. 7(2), 36(9))

[F2 Youth court panels] E+W

Textual Amendments

F2 Words in Sch. 2 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

1 The following provisions of this Part of this Schedule shall have effect as respects [F3 petty sessions areas falling wholly outside the area consisting of the inner London boroughs and the City of London.]

Textual Amendments

F3 Words in Sch. 2 para. 1 substituted (27.9.1999) by 1999 c. 22, ss. 76(2), 108(3)(c), Sch. 10 para. 16(2) (with Sch. 14 para. 7(2)) (which substitution fell (prosp.) by reason of the repeal of Sch. 10 para. 16(2) (prosp.) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. V(2) (with Sch. 14 paras. 7(2), 36(9)))

[F4 Qualification to sit as member of youth court.] E+W

Textual Amendments

F4 Cross-heading before Sch. 2 para. 2 inserted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 12(1)(2) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

X1 2 A justice shall not be qualified to sit as a member of a [F5 youth court] unless he is

[F6 (a) a District Judge (Magistrates’ Courts), or

(b) a member of a [F7 youth court panel], that is to say, a panel of justices specially qualified to deal with juvenile cases.]

Editorial Information

X1 The insertion of the new heading "Qualification to sit as member of youth court" in Sch. 2 Pt. I on 31.8.2000 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under that new heading.

Textual Amendments

F5 Words in Sch. 2 para. 2 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

F6 Para. (a) inserted and words renumbered as para. (b) in Sch. 2 para. 2 (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 12(3) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

F7 Words in Sch. 2 para. 2 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(1)(2)(a); S.I. 1992/333, art. 2(2), Sch. 2.

[F8 Constitution by single District Judge (Magistrates’ Courts)] E+W

Textual Amendments

F8 Crossheading in Sch. 2 inserted (31.8.2000) by 1999 c. 22, s. 78(2), Sch. 11 para. 12(4) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

[F9 2A A youth court may consist of a District Judge (Magistrates’ Courts) sitting alone.]

Textual Amendments

F9 Sch. 2 para. 2A inserted (31.8.2000) by 1999 c. 22, s. 78(2), Sch. 11 para. 12(4) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

[F10 Youth court panels.] E+W

Textual Amendments

F10 Crossheading in Sch. 2 inserted (31.8.2000) by 1999 c. 22, s. 78(2), Sch. 11 para. 12(4) (with Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

3 Subject to the following provisions of this Part of this Schedule, a [F11 youth court panel] shall be formed for every petty sessions area.

Textual Amendments

F11 Words in Sch. 2 para. 3 substituted (1.10.1992) by Criminal Justice Act 1991 (c.53, SIF 39:1), s. 100, Sch. 11 para. 41(2)(a); S.I. 1992/333, art. 2(2), Sch. 2.

Modifications etc. (not altering text)

C1 Sch. 2 para. 3 excluded (27.9.1999) by 1999 c. 22, ss. 105, 108(3)(e), Sch. 14 Pt. V para. 28(1) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(d)(i)

Combined [F12 youth court panels] E+W

Textual Amendments

F12 Words in Sch. 2 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(2)(a); S.I. 1992/333, art. 2(2), Sch.2

4 A magistrates’ courts committee may make recommendations to the [F13 Lord Chancellor]—

(a) for the formation of a combined [F14 youth court panel] for two or more petty sessions areas, or

(b) for the dissolution of any such combined [F14 youth court panel],

if the committee’s area comprises at least one of the petty sessions areas concerned.

Textual Amendments

F13 Words in Sch. 2 para. 4 substituted (1.4.1992) by S.I. 1992/709, art. 2(1)(3), Sch. 1

F14 Words in Sch. 2 para. 4 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

5 It shall be the duty of the magistrates’ courts committee for any area, if directed to do so by the [F15 Lord Chancellor], to review the functioning of [F16 youth courts] in their area and on completion of the review to submit to the [F15 Lord Chancellor] either a report making such recommendations as are mentioned in paragraph 4 of this Schedule or a report giving reasons for making no such recommendations.

Textual Amendments

F15 Words in Sch. 2 para. 5 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

F16 Words in Sch. 2 para. 5 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch.2.

6 Subject to the provisions of this Schedule—

(a) where a magistrates’ courts committee make such recommendations to the [F17 Lord Chancellor], he may [F18 after consulting the Lord Chief Justice] make an order giving effect to them subject to any modifications he thinks fit [F19 after consulting the Lord Chief Justice]; and

(b) where a magistrates’ courts committee fail to comply within six months with a direction of the [F17 Lord Chancellor] under the preceding paragraph, or [F17 Lord Chancellor] is dissatisfied with the report submitted in pursuance of such a direction, he may [F20 , after consulting the Lord Chief Justice,] make such order as he thinks fit [F21 , after consulting the Lord Chief Justice,] for the purposes mentioned in paragraph 4 of this Schedule.

Textual Amendments

F17 Words in Sch. 2 para. 6 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

F18 Words in Sch. 2 para. 6(a) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(2)(a)(i) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

F19 Words in Sch. 2 para. 6(a) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(2)(a)(ii) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

F20 Words in Sch. 2 para. 6(b) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(2)(b)(i) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

F21 Words in Sch. 2 para. 6(b) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 148, Sch. 4 para. 363(2)(b)(ii) (with effect as mentioned in Sch. 4 para. 361); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

Effect of order establishing combined panel E+W

7 Where a combined [F22 youth court panel]is formed for any petty sessions areas any justice who is a member of the panel may exercise in relation to each of the areas any jurisdiction exercisable by him as a member of a [F23 youth court].

Textual Amendments

F22 Words in Sch. 2 para. 7 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(2)(a); S.I. 1992/333, art. 2(2), Sch.2

F23 Words in Sch. 2 para. 7 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 40(2)(a); S.I. 1992/333, art. 2(2), Sch.2

Restrictions on formation of combined panels E+W

8 No order under this Schedule shall provide for the formation of a combined [F24 youth court panel] for an area [F25 unless the area consists of, or is wholly included in, a single commission area]

Textual Amendments

F24 Words in Sch. 2 para. 8 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

F25 Words substituted for words and paras. (a)(b) in Sch. 2 para. 8 (27.9.1999) by 1999 c. 22, ss. 76(2), 108(3)(c), Sch. 10 paras. 14, 16(3) (with Sch. 14 para. 7(2))

Modifications etc. (not altering text)

C2 Sch. 2 para. 8 amended (1.4.1996) by: S.I. 1996/674, reg. 2, Sch. Pt. II para. 5(2)(k); S.I. 1996/675, art. 2, Sch. Pt. II para. 7(2)(k)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

F26 8A

Textual Amendments

F26 Sch. 2 para. 8A repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3)(f), Sch. 15 Pt. V(1) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(d)(iii)

9 An order under this Schedule providing for the formation of a combined [F27 youth court panel] for an area which comprises a borough having a separate magistrates’ courts committee shall not be made except with the consent of every magistrates’ courts committee the whole or part of whose area is included in the area for which the combined panel is formed.

Textual Amendments

F27 Words in Sch. 2 para. 9 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(2)(a); S.I. 1992/333, art. 2(2), Sch. 2

Modifications etc. (not altering text)

C3 Sch. 2 para. 9 restricted (conditionally) (27.9.1999) by 1999 c. 22, ss. 105, 108(3)(e), Sch. 14 Pt. V para. 28(2) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(d)(i) (which restriction fell (prosp.) by reason of the repeal of Sch. 14 para. 28(2) (prosp.) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. V(6) (with Sch. 14 paras. 7(2), 36(9)))

Consultations and notices E+W

10 A magistrates’ courts committee, before submitting recommendations for an order under this Schedule, shall consult and, when submitting any such recommendations, shall give notice to—

(a) the justices acting for any petty sessions area concerned which is within the committee’s area (except where the committee’s area is a borough); and

(b) any other magistrates’ courts committee the whole or part of whose area is concerned;

and shall also consult the said justices before commenting on any recommendations on which they are consulted under this paragraph by another magistrates’ courts committee.

11 Where the [F28 Lord Chancellor] proposes to make an order under this Schedule in a case where either no recommendations have been made to him or the proposed order departs from the recommendations made to him, he shall send a copy of the proposed order to the magistrates’ courts committee for any area the whole or part of which is concerned and to the justices acting for any petty sessions area concerned.

Textual Amendments

F28 Words in Sch. 2 para. 11 substituted (1.4.1992) by S.I. 1992/709, art. 2(1)(3)

12 Where notice of recommendations or a copy of a proposed order is required to be sent under the preceding paragraphs to any justices or committee, the [F29 Lord Chancellor] shall, before making an order, consider any representations made to him by the justices or committee, or by any [F30 youth court panel] concerned, within one month from the time the notice was given or the copy of the proposed order was sent.

Textual Amendments

F29 Words in Sch. 2 para. 12 substituted (1.4.1992) by S.I. 1992/709, art. 2(3)

F30 Words in Sch. 2 para. 12 substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 41(2)(a); S.I. 1992/333, art. 2(2), Sch. 2