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Change 1
As published
47 Powers of youth courts.
(1) Where a person who appears or is brought before a youth court charged with an offence subsequently attains the age of 18, the youth court may, at any time—
(a) before the start of the trial; . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
remit the person for trial . . . to a magistrates’ court (other than a youth court) . . . .
In this subsection “the start of the trial” shall be construed in accordance with section 22(11B) of the 1985 Act.
(2) Where a person is remitted under subsection (1) above—
(a) he shall have no right of appeal against the order of remission;
(b) the remitting court shall adjourn proceedings in relation to the offence; and
(c) subsections (3) and (4) below shall apply.
(3) The following, namely—
(a) section 128 of the 1980 Act; and
(b) all other enactments (whenever passed) relating to remand or the granting of bail in criminal proceedings,
shall have effect in relation to the remitting court’s power or duty to remand the person on the adjournment as if any reference to the court to or before which the person remanded is to be brought or appear after remand were a reference to the court to which he is being remitted (“the other court”).
(4) The other court may deal with the case in any way in which it would have power to deal with it if all proceedings relating to the offence which took place before the remitting court had taken place before the other court.
(5) After subsection (3) of section 10 of the 1980 Act (adjournment of trial) there shall be inserted the following subsection—
(3A) A youth court shall not be required to adjourn any proceedings for an offence at any stage by reason only of the fact—
(a) that the court commits the accused for trial for another offence; or
(b) that the accused is charged with another offence.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In subsection (2) of section 47 (procedure in youth courts) of the Children and Young Persons Act 1933 (“the 1933 Act”), the words from the beginning to “court; and” shall cease to have effect.
Your change, as a redline
47 Powers of youth courts.
(1) Where a person who appears or is brought before a youth court charged with an offence subsequently attains the age of 18, the youth court may, at any time—
(a) before the start of the trial; . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
remit the person for trial . . . to a magistrates’ court (other than a youth court) . . . .
In this subsection “the start of the trial” shall be construed in accordance with section 22(11B) of the 1985 Act.
(2) Where a person is remitted under subsection (1) above—
(a) he shall have no right of appeal against the order of remission;
(b) the remitting court shall adjourn proceedings in relation to the offence; and
(c) subsections (3) and (4) below shall apply.
(3) The following, namely—
(a) section 128 of the 1980 Act; and
(b) all other enactments (whenever passed) relating to remand or the granting of bail in criminal proceedings,
shall have effect in relation to the remitting court’s power or duty to remand the person on the adjournment as if any reference to the court to or before which the person remanded is to be brought or appear after remand were a reference to the court to which he is being remitted (“the other court”).
(4) The other court may deal with the case in any way in which it would have power to deal with it if all proceedings relating to the offence which took place before the remitting court had taken place before the other court.
(5) After subsection (3) of section 10 of the 1980 Act (adjournment of trial) there shall be inserted the following subsection—
(3A) A youth court shall not be required to adjourn any proceedings for an offence at any stage by reason only of the fact—
(a) that the court commits the accused for trial for another offence; or
(b) that the accused is charged with another offence.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In subsection (2) of section 47 (procedure in youth courts) of the Children and Young Persons Act 1933 (“the 1933 Act”), the words from the beginning to “court; and” shall cease to have effect.
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