JUVENILE COURTS (PROCEDURE) (Scotland) RULES, 1934, Dated JUNE 6, 1934, Made by the LORD JUSTICE GENERAL UNDER SECTION 3 (1) OF THE CHILDREN AND YOUNG PERSONS (Scotland) ACT, 1932 (22 & 23 GEO. 5. C. 47) FOR REGULATING THE PROCEDURE IN JUVENILE COURTS IN SCOTLAND.

JurisdictionUK Non-devolved
CitationSI 1934/641

1934 No. 641 (S. 36)

JUVENILE COURTS AND OFFENDERS

(ii) Rules of Procedure

THE JUVENILE COURTS (PROCEDURE) (SCOTLAND) RULES, 1934, DATED JUNE 6, 1934, MADE BY THE LORD JUSTICE GENERAL UNDER SECTION 3 (1) OF THE CHILDREN AND YOUNG PERSONS (SCOTLAND) ACT, 1932 (22 & 23 GEO. 5. C. 47) FOR REGULATING THE PROCEDURE IN JUVENILE COURTS IN SCOTLAND.

[These Rules (S.R. & O. 1934, I, p. 873) are printed as amended by Rules, dated February 4, 1937 (S.R. & O. 1937 (No. 136), p. 1494).[

1. These Rules may be cited as the Juvenile Courts (Procedure) (Scotland) Rules, 1934.

2. These Rules shall come into operation on the first day of September, 1934.

3. In these Rules the following expressions shall have the meanings hereby respectively assigned to them, viz.:—

8 Edw. 7. c. 67.

"the Act of 1908" means the Children Act, 1908, as that Act applies to Scotland:

22 & 23 Geo. 5. c. 47.

"the Act of 1932" means the Children and Young Persons (Scotland) Act, 1932:

"Court" means a Court constituted in accordance with the provisions of Part I of the Act of 1932, or, in an area to which Section 1 of that Act has not been applied by order of the Secretary of State, a Court of summary jurisdiction acting in pursuance of Section 111 of the Children Act, 1908.

35 & 36 Vict. c. 62.

56 & 57 Vict. c. 12.

4.—(a) Proceedings in a Court against or in respect of any person charged with an offence may commence by Complaint, and shall thereafter proceed as regards Citation, Service, finding of security and other steps of procedure, as nearly as may be in accordance with the provisions of the Summary Jurisdiction (Scotland) Acts, as modified by the Act of 1932, and these Rules.

(b) Complaints under Section 70 of the Education (Scotland) Act, 1872, or under Section 4 of the Day Industrial Schools (Scotland) Act, 1893, shall be at the instance of an Officer or other person authorised by an Education Authority to prosecute.

(c) All other Complaints shall be at the instance of the Prosecutor of the Court, or other person authorised by Statute to prosecute.

20 & 21 Geo. 5. c. 37.

5. Proceedings under Section 1 (5) of the Act of 1932 shall commence by Petition at the instance of the proposed adopter, and shall proceed as nearly as may be in the same manner as an application in a Sheriff Court in accordance with the Act of Sederunt of 30th October, 1930,(a) for regulating proceedings under the Adoption of Children (Scotland) Act, 1930.

6. Proceedings under Section 24 of the Act of 1908 as amended by Section 71 of the Act of 1932, or under Sections 6, 7, 8, 10, 19 (8), 20 (4), 22 (2), or 34 of the Act of 1932, and any incidental proceedings and any other proceedings in a Court not before specifically mentioned may commence by Petition at the instance of the person making the application, or in the case of proceedings under Section 7 of the said last mentioned Act, the Petition may be at the instance of the Prosecutor of the Court.

In any such proceedings by, or on behalf of, an Education Authority or Poor Law Authority, the Petition may be at the instance of an Officer or other person appointed for the purpose by such Authority.

7. The Forms in the Schedule hereto appended, or Forms to the like effect, shall be used, with such variations as circumstances may require.

8.—(1) The Court shall, except in any case where the child or young person is legally represented, allow his parent or guardian to assist him in conducting his defence to the Complaint or opposition to the Petition including the cross-examination of witnesses for the prosecution or Petitioner.

(2) Where the parent or guardian cannot be found or cannot in the opinion of the Court reasonably be required to attend, the Court may allow any relative or other responsible person to take the place of the parent or guardian for the purposes of these Rules.

9. In any case where a child or young person is brought before a Court charged with an offence the following procedure shall be followed, viz.:—

(1) The Court shall explain to the child or young person the substance of the charge in simple language suitable to his age

(a) S.R. & O. 1930 No. 891, see the title "Children and Young Persons."

and understanding, and shall then ask the child or young person whether he admits the charge.

(2) If the child or young person has been brought before the Court on apprehension, the Court shall inform him that he is entitled to an adjournment of the case for not less than 48 hours.

(3) If the child or young person does not admit the charge the Court may adjourn the case for trial to as early a diet as is consistent with the just interests of both parties, and in that event shall give intimation or order intimation to be given of such adjourned diet to such child or young person and his parent or guardian: but the Court may proceed to trial forthwith if the Court considers this to be advisable in the interests of the child or young person or to be necessary to secure the examination of witnesses who would not otherwise be available.

(4) (a) At the trial of the case the Court shall hear the evidence of the witnesses in support of the charge. At the close of the evidence-in-chief of each witness the witness may be cross-examined by or on behalf of the child or young person:

(b) If, in any case where the child or young person is not legally represented or assisted in his defence as provided by these Rules, the child or young person, instead of asking questions by way of cross-examination, makes assertions, the Court shall then put to the witness such questions as it thinks necessary on behalf of the child or young person and may for this purpose question the child or young person in order to bring out or clear up any point arising out of any such assertions.

(5) If it appears to the Court that a prima facie case is made out, the child or young person shall be told that he may give evidence or make a statement, and the evidence of any witness for the defence shall be heard.

(6) Where the child or young person is found guilty of an offence, whether after a plea of guilty or otherwise,

(a) he and his parent or guardian, or other person acting in accordance with these Rules, shall be given an opportunity of making a statement:

(b) the Court shall, except in cases which appear to it to be of a trivial nature, obtain such information as to the general conduct, home surroundings, school record and medical history of the child or young person as may enable it to deal with the case in his best interests, and shall if such information is not fully available consider the desirability of remanding the child or young person for such enquiry as may be necessary:

(c) the Court shall take into consideration any report which may be furnished by a Probation Officer or by an Education or Poor Law Authority in pursuance of section 15 of the Act of 1932:

(d) any written report of a Probation Officer, Education or Poor Law Authority, or registered medical practitioner may be received and considered by the Court without being read aloud:

Provided that

(i) the child or young person shall be told the substance of any part of the report bearing on his character or conduct which the Court considers to be material to the manner in which he should be dealt with:

(ii) the parent or guardian, or other person acting in accordance with these Rules, shall, if present, be told the substance of any part of the report which the Court considers to be material as aforesaid and which has reference to his character or conduct, or the character, conduct, home surroundings or health of the child or young person: and

(iii) if the child or young person or his parent or guardian or other person acting in accordance with these Rules, having been told the substance of any part of any such report, desires to produce evidence with reference thereto, the Court, if it thinks the evidence material, shall adjourn the proceedings for the production of further evidence, and shall, if necessary, require the attendance at the adjourned hearing of the person who made the report: and

(e) if the Court acting in pursuance of this Rule considers it necessary in the interests of the child or young person, it may require the parent or guardian, or other person acting in accordance with these Rules, or the child or young person, as the case may be, to withdraw from the Court.

(7) The Court shall thereupon, unless it thinks it undesirable to do so, inform the parent or guardian, or other person acting in accordance with these Rules, of the manner in which it purposes to deal with the child or young person and allow the parent or guardian, or other person acting in accordance with these Rules, to make a statement.

10. In any case where a child or young person is to be brought before a Court in proceedings commenced by Petition, the following procedure shall be followed, viz.:—

(1) The Petitioner shall (except where he himself is the parent or guardian of the child or young person) serve upon the parent or guardian of the child or young person, if he can be found, a notice specifying the grounds on which the child or young person is to be brought before the Court and the time and place at which the Court will sit.

(2) Before proceeding with the hearing, the Court shall inform the child or young person of the nature of the application.

(3) The Court shall hear evidence tendered by or on behalf of the Petitioner.

(4) (a) Where the nature of the case, or the evidence to be given, is such that in the opinion of the Court it is in the interests of the child or young person that the evidence, other than any evidence relating to the character or conduct of the child or young person, should not be given in his presence, the Court may hear any part of such evidence in his absence; and in that event his parent or guardian, or other person acting in accordance with these Rules, shall be permitted to remain in Court during the absence of the child or young person;

(b) The...

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