UK Offence Report

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

article 4 of The Magistrates' Courts (Criminal Justice Act 1988) (Miscellaneous Amendments) Rules 1988

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

4 Schedule 2 to the Magistrates' Courts (Children and Young Persons) Rules 1988 shall be amended as follows:– a in the form numbered 34 after the words “(state briefly particulars of the offence)” there shall be inserted the words “[or found to have failed to comply with a requirement of a supervision order/community service order, namely (state briefly particulars of breach)]”; b for the forms numbered 39, 42, 62, 68 and 72 there shall be substituted the forms numbered in like manner in Schedule 2 to these Rules; c the form numbered 41 shall be omitted; d in the form numbered 45 after the words “[section 7(7) of the Children and Young Persons Act 1969]” there shall be inserted the words “[section 15(1) of the Children and Young Persons Act 1969, the supervision order for which the care order was substituted having been made under section 7(7) of that Act and the offence in respect of which the supervision order was made being punishable with imprisonment in the case of a person over 21]”; e in the form numbered 63, after the number “12” in both places where it appears there shall be inserted the following– “or 12B”; f in the form numbered 64 after the number “12” in both places where it appears there shall be inserted the following– “, 12A, 12B or 12C”; g in the form numbered 65 after the number “12” there shall be inserted the following– “, 12A, 12B, 12C”; h in the form numbered 67 after the number “12” there shall be inserted the following– “, 12A, 12B, 12C,” and after the words “supervised person” in the last place where they occur there shall be inserted the words “[C.D., being the parent/guardian of the supervised person]”; i after the form numbered 67 there shall be inserted the form numbered 67A in Schedule 2 to these Rules.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach article 4?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Magistrates' Courts (Criminal Justice Act 1988) (Miscellaneous Amendments) Rules 1988.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
2 December 1988
In force from
5 January 1989
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Rules) — the explanatory note published with the instrument, © Crown copyright.

These Rules amend the Magistrates' Courts Rules 1981, the Magistrates' Courts (Forms) Rules 1981, the Magistrates' Courts (Children and Young Persons) Rules 1988 and the Magistrates' Courts (Attendance Centre) Rules 1958, pursuant to certain provisions of the Criminal Justice Act 1988 (the 1988 Act). Rule 2 makes provision in the Magistrates' Courts Rules 1981 for the service of notices and recording of decisions in relation to the provisions about fine default in section 61 of the 1988 Act and reasons for not making a compensation order as required under section 104 of the Act. It also makes provision for the issue of warrants of commitment to customs detention pursuant to section 152 of the 1988 Act, and rule 3(a) and Schedule 1 provide a new form for such warrants. Rule 3(b), (c) and (d) and the associated forms in Schedule 1, make provision in the Magistrates' Courts (Forms) Rules 1981 to reflect in the relevant forms for warrants of commitment the introduction in section 123 of the 1988 Act of the sentence of detention in a young offender institution to replace youth custody sentences and detention centre orders. Rule 3(e) and the associated forms in Schedule 1 provide new forms for notices to fine defaulters pursuant to section 61 of the Criminal Justice Act 1988, which provides that a fine defaulter may apply to a magistrates' court which has postponed the issue of a warrant of commitment in default of payment for the terms of postponement to be varied, and that a magistrates' court may not issue a warrant of commitment for fine default in the absence of the defaulter without first serving notice on him. Rule 3(f) and the associated form in Schedule 1 provides a new form in the Magistrates' Courts (Forms) Rules 1981 for recording the reasons for granting bail in proceedings for the serious offences set out in section 153 of the Criminal Justice Act 1988. Rule 4 and the associated forms in Schedule 2 amend the Magistrates' Courts (Children and Young Persons) Rules 1988 to reflect the new sentence of detention in a young offender institution and miscellaneous amendments affecting the powers of magistrates' courts to attach a charge and control condition to care orders, to impose a fine and to deal with a breach of a supervision order or community service order by a young offender made by section 127 of and Schedules 10 and 15 to the Criminal Justice Act 1988. Rule 5 and the associated form in Schedule 3 substitutes a new form for form 5 of the Magistrates' Courts (Attendance Centre) Rules 1958 to reflect the substitution by Schedule 10 to the Criminal Justice Act 1988 of references to the person in respect of whom an attendance centre order has been made for references to an offender in section 18 of the Criminal Justice Act 1982. Sections 123, 127 and 128 of, and Schedules 8 and 10 to, the Criminal Justice Act 1988 came into force on 1st October 1988 (S.I. 1988/1408). Sections 61, 152 and 153 come into force on 5th January 1989 (S.I. 1988/2073).

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.60.

Basis
the provision says the conduct is “punishable”
Confidence
0.60 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source