Procedure where adult before Youth Justice Court

Current

(1)

If, in the course of any proceedings before the Youth Justice

Court, it appears to the Court that the proceedings should have been instituted in the Local Court, the Youth Justice Court may:

(a)

order a stay of the proceedings; or

(b)

proceed with the hearing and determination of those proceedings as if it were the Local Court.

(2)

If the Youth Justice Court stays proceedings under subsection (1), it must:

(a)

refer the proceedings for hearing and determination by the Local

Court; and

(b)

do one of the following:

(i)

allow the defendant to go at large;

(ii)

release the defendant on bail;

(iii)

remand the defendant in suitable custody.

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