Young Offenders Regulations 1995

Subject to subregulation (2), the procedure that applies to the hearing and determination of a charge of a detention offence is —

the prosecuting officer is to state the case against the detainee and call any witnesses in support of the charge;

the superintendent or visiting justice may take evidence on oath, affirmation or otherwise at his or her discretion;

the prosecuting officer is to conduct the examination in chief of each witness and the detainee or the detainee’s representative may cross‑examine each witness;

the prosecuting officer may re‑examine each witness on matters arising out of cross‑examination;

the prosecuting officer is then to close his or her case; and

the detainee is then to give evidence on his or her own behalf and call any witnesses, and paragraphs (c), (d) and (e) are to apply with necessary modifications.

The superintendent or visiting justice may at the request of the detainee or the detainee’s representative adjourn the hearing of the charge to permit the detainee to consider the charge more properly and prepare a defence to it.

The superintendent or visiting justice —

is to conduct proceedings expeditiously and without undue adjournment or delay;

is to keep or cause to be kept an accurate record of proceedings;

may question a witness called; and

may direct that a particular witness be called or call and question a witness.

The prosecuting officer and the detainee or the detainee’s representative may question a witness called and questioned under subregulation (3)(d).