Indictable offence tried summarily if youth consents
55 Indictable offence tried summarily if youth consents
This section applies if a youth is charged in respect of an indictable offence that is neither of the following:
an offence mentioned in section 120 of the Local Court (Criminal Procedure) Act 1928;
an offence mentioned in section 54A(1).
The Youth Justice Court must inform the youth and a responsible adult in relation to the youth (if present in court) of the youth's right to consent or not to the charge being heard and determined summarily.
If the youth consents, the Court must hear and determine the charge summarily.
If the youth does not consent, the
Court must deal with the charge by way of preliminary examination.
For subsection (2), if no responsible adult in relation to the youth is present in court, the Court:
may adjourn the proceeding to enable a responsible adult to be present; and
may continue the proceeding after the adjournment even if no responsible adult is present.
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