46
CurrentProceeding in relation to simple offence in absence of child
46 Proceeding in relation to simple offence in absence of child
(1)
Subject to subsection (2), a Childrens Court magistrate may hear and determine a proceeding against a child in relation to a complaint and summons for a simple offence in the absence of the child in the way set out in the Justices Act 1886, part 6.
(2)
Under subsection (1), the only sentence order a Childrens Court magistrate may make against a child in the child’s absence is an order imposing a fine, and then only if the child has indicated in writing to the court that the child has a capacity to pay a fine of a specified amount that is equal to or greater than the fine ordered to be paid.
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