PART I GENERAL

Citation and commencement_I1

1. These Rules may be cited as the Magistrates' Courts (Children and Young Persons) Rules 1992 and shall come into force on 1st October 1992.

Interpretation_I2

2.—(1) In these Rules—

“the Act of 1933” means the Children and Young Persons Act 1933 ( 3 );

“the Act of 1969” means the Children and Young Persons Act 1969 ( 4 );

“the Act of 1989” means the Children Act 1989 ( 5 );

[^F1 “the Act of 2000 ” means the Powers of Criminal Courts (Sentencing) Act 2000 ; ^F1]

“ child ” means a person under the age of fourteen;

“court”—

[^F2 “court computer system” means a computer or computer system which is used to assist to discharge and record the business of the court. ^F2]

“ guardian ” has the meaning given in section 107(1) of the Act of 1933;

“ register ” means the separate register kept for the youth court pursuant to rule 25 of these Rules; and

“ young person ” means a person who has attained the age of fourteen and is under the age of eighteen.

(2) In these Rules, unless the context otherwise requires, references to a parent in relation to a child or young person are references—

(a)where a local authority has parental responsibility for him under the Act of 1989, to the local authority, and

(b)in any other case, to a parent who has parental responsibility for him under that Act.

(3) In these Rules, unless the context otherwise requires, any reference to a rule, Part or Schedule shall be construed as a reference to a rule contained in these Rules, a Part thereof or a Schedule thereto, and any reference in a rule to a paragraph shall be construed as a reference to a paragraph of that rule.

Revocations and savings etc._I3

3.—(1) Subject to paragraph (3), the Rules specified in Schedule 1 are hereby revoked to the extent specified.

(2) Subject to paragraph (3), the provisions of the Magistrates' Courts Rules 1981(6) shall have effect subject to these Rules.

(3) Nothing in these Rules shall apply in connection with any proceedings begun before the coming into force thereof.

PART II PROCEEDINGS IN CRIMINAL MATTERS

Application of Part II

^F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance in conducting case

^F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of court to explain nature of proceedings etc.

^F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of court to take plea to charge

^F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence in support of charge or application

^F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Evidence in reply

^F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure after finding against minor

^F910. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F1011. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F1112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART III PROCEEDINGS IN CERTAIN OTHER MATTERS

Application and interpretation of Part III_I4

13.—(1) This Part applies in connection with proceedings in a court in the case of any child or young person in relation to whom proceedings are brought or proposed to be brought under—

(a)section 72 or 73 of the Social Work (Scotland) Act 1968(7)(persons subject to supervision requirements or orders moving from or to Scotland), or

(b)regulations made under section 25 of the Act of 1989 (authority to retain child in secure accommodation),

except that rules 14, 16(2), 20 and 21 do not apply in connection with proceedings under the enactments mentioned in sub-paragraph (a) above.

(2) In this Part—

“ the applicant ” means the person by whom proceedings are brought or proposed to be brought;

^F12 “ court ”, in relation to proceedings of the kind mentioned in paragraph (1)(b), means a magistrates' court, whether a youth court or not ...; and

“ the relevant minor ” means the person in relation to whom proceedings are brought or proposed to be brought as mentioned in paragraph (1).

Notice by person proposing to bring proceedings_I5

14.—(1) The applicant shall send a notice to the [[^F13,F14 designated officer^F14] for^F13] the court specifying the grounds for the proceedings and the names and addresses of the persons to whom a copy of the notice is sent in pursuance of paragraph (2).

(2) Without prejudice to section 34(2) of the Act of 1969 and regulations made under section 25 of the Act of 1989, the applicant shall—

(a)send to each of the persons mentioned in paragraph (3) a copy of the said notice, and

(b)notify each of those persons of the date, time and place appointed for the hearing unless a summons is issued for the purpose of securing his attendance thereat.

(3) The persons referred to in paragraph (2) are—

(a)the relevant minor, unless it appears to the applicant inappropriate to notify him in pursuance of paragraph (2), having regard to his age and understanding,

(b)the parent or guardian of the relevant minor if the whereabouts of such parent or guardian is known to the applicant or can readily be ascertained by him, and

[^F15 (c)in a case where—

(i)the relevant minor has a father, and

(ii)the father and mother of the relevant minor were not married to each other at the time of the relevant minor’s birth,

any person who is known to the applicant to have made an application for an order under section 4 of the Act of 1989 (acquisition of parental responsibility by father) which has not yet been determined; and

(d)in a case where—

(i)the relevant minor has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, and

(ii)the relevant minor is not a person to whom section 1(3) of the Family Law Reform Act 1987 applies,

any person who is known to the applicant to have made an application for an order under section 4ZA of the Act of 1989 (acquisition of parental responsibility by second female parent) which has not yet been determined.^F15]

Rights of parents and guardians_I6

15. Without prejudice to any provision of these Rules which provides for a parent or guardian to take part in proceedings, the relevant minor’s parent or guardian shall be entitled to make representations to the court at any such stage after the conclusion of the evidence in the hearing as the court considers appropriate.

Adjournment of proceedings and procedure at hearing_I7

16.—(1) The court may, at any time, whether before or after the beginning of the hearing, adjourn the hearing, and, when so doing, may either fix the date, time and place at which the hearing is to be resumed or leave the date, time and place to be determined later by the court; but the hearing shall not be resumed at that date, time and place unless the court is satisfied that the applicant, the respondent and any other party to the proceedings have had adequate notice thereof.

(2) Subject to the provisions of the Act of 1969, sections 56, 57 and 123 of the Magistrates' Courts Act 1980(8)(non-appearance of parties and defects in process) shall apply to the proceedings as if they were by way of complaint and as if any references therein to the complainant, to the defendant and to the defence were, respectively, references to the applicant, to the relevant minor and to his case.

(3) Rules 14 and 16(1) of the Magistrates' Courts Rules 1981 (order of evidence and speeches and form of order) shall apply to the proceedings as if they were by way of complaint and as if any references therein to the complainant, to the defendant and to the defence were, respectively, references to the applicant, to the relevant minor and to his case.

Duty of court to explain nature of proceedings_I8

17. Except where, by virtue of any enactment, the court may proceed in the absence of the relevant minor, before proceeding with the hearing the court shall inform him of the general nature both of the proceedings and of the grounds on which they are brought, in terms suitable to his age and understanding, or if by reason of his age and understanding or his absence it is impracticable so to do, shall so inform any parent or guardian of his present at the hearing.

Conduct of case on behalf of relevant minor_I9

18.—(1) Except where the relevant minor or his parent or guardian is legally represented, the court shall, unless the relevant minor otherwise requests, allow his parent or guardian to conduct the case on his behalf, subject, however, to the provisions of rule 19(2).

(2) If the court thinks it appropriate to do so it may, unless the relevant minor otherwise requests, allow a relative of his or some other responsible person to conduct the case on his behalf.

Power of court to hear evidence in absence of relevant minor and to require parent or guardian to withdraw_I10

19.—(1) Where the evidence likely to be given is such that in the opinion of the court it is in the interests of the relevant minor that the whole, or any part, of the evidence should not be given in his presence, then, unless he is conducting his own case, the court may hear the whole or part of the evidence, as it thinks appropriate, in his absence; but any evidence relating to his character or conduct shall be heard in his presence.

(2) If the court is satisfied that it is appropriate so to do, it may require a parent or guardian of the relevant minor to withdraw from the court while the relevant minor gives evidence or makes a statement; but the court shall inform the person so excluded of the substance of any allegations made against him by the relevant minor.

Duty of court to explain procedure to relevant minor at end of applicant’s case_I11

20. If it appears to the court after hearing the evidence in support of the applicant’s case that he has made out a prima facie case it shall tell the relevant minor or the person conducting the case on his behalf under rule 18 that he may give evidence or make a statement and call witnesses.

Consideration of reports: secure accommodation proceedings_I12

21.—(1) The court shall arrange for copies of any written report before the court to be made available, so far as practicable before the hearing to—

(a)the applicant,

(b)the legal representative, if any, of the relevant minor,

(c)the parent or guardian of the relevant minor, and

(d)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.

(2) In any case in which the court has determined that the relevant criteria are satisfied, the court shall, for the purpose of determining the maximum period of authorisation to be specified in the order, take into consideration such information as it considers necessary for that purpose, including such information which is provided in pursuance of section 9 of the Act of 1969.

(3) Any written report may be received and considered by the court without being read aloud.

Duty of court to explain manner in which it proposes to deal with case and effect of order_I13

22.—(1) Before finally disposing of the case, the court shall in simple language inform the relevant minor, any person conducting the case on his behalf, and his parent or guardian, if present, 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 or, having regard to his age and understanding, impracticable so to inform him.

(2) On making any order, the court shall in simple language suitable to his age and understanding explain to the relevant minor the general nature and effect of the order unless it appears to it impracticable so to do having regard to his age and understanding and shall give such an explanation to the relevant minor’s parent or guardian, if present.

PART IV EVIDENCE—TELEVISION LINKS AND VIDEO RECORDINGS

Evidence through television link where witness is a child or is to be cross-examined after admission of a video recording

^F1623. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Video recordings of testimony from child witness

^F1724. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART V MISCELLANEOUS

Register of proceedings in youth court

^F1825. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Issue of summons or warrant to enforce attendance of parent or guardian

^F1926. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment of money by person subject to attendance centre order

^F2027. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Form of warrant where young person is committed to remand centre or prison

^F2128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Forms_I14

29.—(1) The forms in Schedule 2, or forms to the like effect, may be used with such variation as the circumstances may require, and may be so used in lieu of forms contained in the Schedule to the Magistrates' Courts (Forms) Rules 1981(9).

^F22(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F22(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 1 REVOCATIONS _I15

Rule 29

SCHEDULE 2 FORMS _I16

^F23. . . . . . . . . . . . . . . . . .

7

Information for failure to comply with requirements of attendance centre or on breach of Attendance Centre Rules

10

Information for Search Warrant under section 32 of the Children and Young Persons Act 1969