Court may decline to hear and determine charge summarily
56 Court may decline to hear and determine charge summarily
If, at any stage of the proceedings (prior to a finding of guilt), the Youth Justice Court considers it is not appropriate to hear and determine summarily a charge in respect of an indictable offence for which the Court has jurisdiction, the Court:
may decline to hear and determine the charge summarily; and
if it declines – must give its reasons for declining; and
if dealing with the charge by way of preliminary examination –
must continue by way of preliminary examination; and
otherwise – must continue the proceedings as if the Court had been dealing with the charge by way of preliminary examination.
For subsection (1), it is immaterial whether or not the youth:
has consented under section 55(3) to the charge being heard and determined summarily; or
has elected under section 56A(2) to have the charge heard and determined summarily.
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