Introduction

1. The Crime and Disorder Act 1998 (the 1998 Act) contains a number of new provisions to simplify procedures in the youth court to reduce delay in dealing with cases involving children and young people. A number of the measures give effect to recommendations made by the Review of Delay in the Criminal Justice System (the Narey Report); others were proposed in the consultation paper Tackling Delays in the Youth Justice System. The measures were summarised in Chapter 7 of the White Paper No More Excuses: a new approach to tackling youth crime in England and Wales.

2. The new provisions covered by this circular are as follows:

• a discretionary power for the youth court to remit a young person to an adult magistrates’ court for trial or sentence once he or she reaches the age of 18

• where a case is committed to the Crown Court for trial, a power to allow related matters to be committed to the Crown Court at the same time and for unrelated matters to be dealt with in the youth court without delay

• clarification that it is unnecessary for the youth court to adjourn to tie up all outstanding cases against a child or young person

• repeal of the requirement that there should be an hour's interval between a magistrates’ court and a youth court sitting in the same courtroom

• enabling stipendiary magistrates to sit alone in youth courts.

Implementation

4. The Crime and Disorder Act was given Royal Assent on 31 July 1998. The new arrangements set out in this circular will be implemented on 30 September 1998.

i) Remitting cases to the adult magistrates’ court when the defendant turns 18

5. Section 47(1) of the 1998 Act provides the youth court with a discretionary power to remit a young person to an adult magistrates’ court for trial, or for sentence, once he or she reaches the age of 18. The court may use this power at any time before the start of the trial, or between conviction and sentence. The intention is to allow the courts to ensure that young people are dealt with in the most appropriate way, according to their maturity, attitude and offending history, while avoiding unnecessary delay.
 

6. Section 47(3) of the 1998 Act reverses the Court of Appeal judgement in the case of R v Khan (1994), in which it was held that "...save in exceptional circumstances, the youth court which sends a young person for trial at the Crown Court should postpone sentence in respect of other, ex hypothesi, less serious offences, until after the more serious matter has been dealt with." The 1998 Act removes the presumption that cases should be adjourned for these reasons alone to avoid any risk of unnecessary delay.
 

7. In November 1996, under the auspices of the Criminal Justice Consultative Committee, the Magistrates’ Association and the Justices’ Clerks’ Society issued advice that in the Youth Court, the requirement to consider the welfare of the individual set out in the Children and Young Persons Act 1933 may be justification for departing from the practice of seeking to tie up all outstanding cases against a defendent and proceeding immediately to sentence, even though other defendents remained to be tried. The 1998 Act allows the court to deal immediately with cases in such circumstances, avoiding the risk of unnecessary adjournments, and consequent delay.
 

iv) Where the child or young person is committed to the Crown Court on related cases

9. Section 47(6) of the 1998 Act amends the Magistrates’ Courts Act 1980 in order to provide that, where a youth court commits a child or young person for trial at the Crown Court for a grave crime under section 53 of the Children and Young Persons Act 1933, it may also commit him or her for trial at the same time for any related¹ indictable offences. This reduces the scope for delays which had been caused by the fact that the youth court did not have the power to commit related charges to the Crown Court and was compelled to await the outcome of the Crown Court proceedings before dealing with any lesser charges remaining within its jurisdiction. This measure gives effect to recommendation 32 of the Review of Delay in the Criminal Justice System.
 

v) Removal of the requirement for an hour's interval between adult and youth court hearings

11. Section 47(7) of the 1998 Act amends the Children and Young Persons Act 1933 to abolish the requirement that there should be an hour's interval between a magistrates’ court and a youth court sitting in the same courtroom. The objective of the change is to reduce inefficiency in the use of court time. However, to protect the young, section 31 of the Children and Young Persons Act 1933 will continue to require that juvenile defendants do not associate with adult defendants whilst awaiting hearing. If the hour's interval is no longer set, courts will need to provide separate waiting areas when youth courts are in session to give effect to this requirement. This amendment gives effect to recommendation 33 of the Review of Delay in the Criminal Justice System.
 

12. Section 48 of the 1998 Act amends Schedule 2 to the Children and Young Persons Act 1933 to enable metropolitan stipendiary magistrates - those sitting in Inner London or the City of London - to sit alone in the youth court. An amendment to the Youth Court (Constitution) Rules 1954 makes an equivalent provision for provincial stipendiary magistrates. The intention of these measures is to remove the current restrictions on the role played by stipendiary magistrates in the youth court. However, those youth courts served exclusively by lay magistrates will be unaffected. This measure gives effect to recommendation 31 of the Review of Delay in the Criminal Justice System and may be used, where appropriate, to ensure that delay is kept to a minimum. For example, in necessarily lengthy trials where the availability of lay magistrates may unnecessarily prolong proceedings.
 

13. Enquiries relating to this circular should be addressed to Paul Morrison, Juvenile Offenders Unit, Home Office, Room 309, Queen Anne's Gate, SW1H 9AT (020 7 273 2933). 

Crime and Disorder Act front page

Home Office front page