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The Magistrates' Courts (Children and Young Persons) Rules 1988 (Note)

The Magistrates' Courts (Children and Young Persons) Rules 1988

STATUTORY INSTRUMENTS

1988 No. 913 (L.12)

MAGISTRATES' COURTS

The Magistrates' Courts (Children and Young Persons) Rules 1988

Made 23rd May 1988

Laid before Parliament 8th June 1988

Coming into force 1st August 1988

ARRANGEMENT OF RULES

PART I

General

1. - Citation and commencement.

2. - Interpretation.

3. - Revocations and savings etc.

PART II

Juvenile Offenders

4. - Application of Part II.

5. - Assistance in conducting defence.

6. - Duty of court to explain charge in simple language.

7. - Duty of court to take plea of child or young person.

8. - Evidence in support of charge and cross-examination.

9. - Evidence for defence.

10. - Procedure after finding of guilt.

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

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

PART III

Care Proceedings and Proceedings relating to Care or Supervision Orders

13. - Application and interpretation of Part III.

14. - Notice by person proposing to bring care etc. proceedings.

15. - Notice to parent or guardian of party status.

16. - Appointment and duties of guardian ad litem.

17. - Applications by grandparents to be parties to proceedings.

18. - Rights of parents and guardians.

19. - Rights of other persons.

20. - Adjournment of proceedings and procedure at hearing.

21. - Duty of court to explain nature of proceedings; evidence and order of speeches.

22. - Conduct of case on behalf of relevant infant.

23. - Power of court to hear evidence in absence of relevant infant and to require parent or guardian to withdraw.

24. - Duty of court to explain procedure to relevant infant at end of applicant's case.

25. - Consideration of reports.

26. - Consideration of reports: secure accommodation proceedings.

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

28. - Leave of court for withdrawal of discharge applications.

PART IV

Proceedings in Relation to Access to Children in Care and Resolutions concerning Parental Rights and Duties

29. - Application and interpretation of Part IV.

30. - Notice of complaint.

31. - Appointment and duties of guardian ad litem.

32. - Evidence of guardian ad litem.

33. - Rights of persons other than parties.

34. - Evidence and procedure generally.

35. - Power of court to hear evidence in absence of child, etc.

PART V

Proceedings under Section 3 of the Children and Young Persons Act 1963

36. - Notice of complaint and restrictions on adjudicating justice.

PART VI

Register

37. - Register of proceedings in juvenile courts.

PART VII

Miscellaneous

38. - Service of contribution orders etc.

39. - Notice of order made under section 49 of the Child Care Act 1980.

40. - Issue of summons or warrant to enforce attendance of parent or guardian.

41. - Payment of money by person subject to attendance centre order.

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

43. Forms.

SCHEDULES

1. Revocations.

2. - Forms.

The Lord Chancellor, in exercise of the powers conferred on him by section 144 of the Magistrates' Courts Act 1980[1], after consultation with the Rule Committee appointed under that section, hereby makes the following Rules:--

PART I

GENERAL

Citation and commencement.

1. These Rules may be cited as the Magistrates' Courts (Children and Young Persons) Rules 1988 and shall come into force on 1st August 1988.

Interpretation.

2.--(1) Subject to rule 29 of these Rules, in these Rules the following expressions have the meanings hereby respectively assigned to them, that is to say:--"the Act of 1933" means the Children and Young Persons Act 1933[2];

"the Act of 1963" means the Children and Young Persons Act 1963[3];

"the Act of 1969" means...

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