The Magistrates' Courts (Children and Young Persons) (Amendment) Rules 1997

• Citation: S.I. 1997/2420
• Sections: 8

Section 1

These Rules may be cited as the Magistrates' Courts (Children and Young Persons) (Amendment) Rules 1997 and shall come into force on 1st November 1997.

Section 2

In these Rules any reference to a form is a reference to a form contained in Schedule 2 to the Magistrates' Courts (Children and Young Persons) Rules 1992 .

Section 3

Nothing in these Rules shall affect proceedings in relation to an offence committed before 1st October 1997.

Section 4

In form 29 (Warrant of commitment: revocation of attendance centre order and re-sentence of detention in young offender institution), for the words “[proposed a community sentence which requires the consent of the offender [and the accused refused to give that consent] [but assumes the accused to have refused to give his consent on account of his wilful and persistent failure to comply with the requirements of the order ]].” there shall be substituted the following words “[proposed a community sentence including a requirement as to treatment of the offender for his [mental condition etc. ] [drug or alcohol dependency] and the accused failed to express his willingness to comply with that requirement].”.

Section 5

In forms 31 (Sentence of detention in young offender institution: offence) and 42 (Warrant of commitment: discharge of supervision order and re-sentence of detention in young offender institution), for the words “[proposed a community sentence which requires the consent of the offender and the accused refused to give that consent].” there shall be substituted the following words “[proposed a community sentence including a requirement as to treatment of the offender for his [mental condition etc.] [drug or alcohol dependency] and the accused failed to express his willingness to comply with that requirement].”.

Section 6

In forms 43 (Community service order) and 44 (Community service order: accused resident in Scotland), the words “The accused has consented to the making of this community service order.” shall be omitted.

Section 7

In form 46 (Warrant of commitment: revocation of community service order and re-sentence of detention in a young offender institution), for the words “[proposed a community sentence which requires the consent of the offender [and the accused refused to give that consent] [but assumes the accused to have refused to give his consent on account of his wilful and persistent failure to comply with the requirements of the community service order].” there shall be substituted the following words “[proposed a community sentence including a requirement as to treatment of the offender for his [mental condition etc.] [drug or alcohol dependency] and the accused failed to express his willingness to comply with that requirement] [is imposing a custodial sentence on the accused on account of his wilful and persistent failure to comply with the requirements of the community service order].”.

Section 8

In form 47 (Probation Order), for the words “The accused has expressed his willingness to comply with the requirements of this Order.” there shall be substituted the following words “[The accused has expressed his willingness to comply with a requirement as to treatment for his [mental condition etc.] [drug or alcohol dependency]]”.