Youth Justice Act 1992

This section applies if a proceeding before a court (former proceeding) changes into another proceeding (new proceeding) before the court because of—

an election or change of an election under this Act; or

a decision of a court to refrain from exercising summary jurisdiction in relation to an indictable offence; or

a decision of a court to remove the proceeding to its concurrent jurisdiction on discovering a misapprehension affecting the court’s treatment of the defendant as a child or adult; or

a decision of a court to continue or hear a proceeding in its concurrent jurisdiction under division 11.

If evidence has been adduced in the course of the former proceeding, the hearing again of the evidence in the new proceeding is at the discretion of the court.

If the court decides against hearing the evidence again in the new proceeding, the evidence is taken to have been adduced by the party who adduced the evidence in the former proceeding.