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Summary Proceedings Act 1957 (Reprint as at 4 August 2005)  040
  Children, Young Persons, and Their Families Act 1989



              Children, Young Persons, and Their Families Act 1989

                        Public Act          1989 No 24

                    Date of assent          27 May 1989

                      Commencement          see section 1(2)


    1  Short Title and commencement

  (1)  This Act may be cited as the Children, Young Persons, and Their Families
Act 1989.

  (2)  This Act shall come into force on 1 November 1989.

                                Part 4
                            Youth Justice

                      Jurisdiction of Youth Courts

  277  Provisions applicable where young person charged jointly with person who
is not a young person

  (1)  In any case where an information is laid charging a young person with
any offence jointly with any other person or persons, the provisions of
subsections (2) to (5) shall apply if 1 or more of the persons jointly charged
is not a young person within the meaning of this Act.

  (2)  In any case to which subsection (1) applies, the information shall be
submitted for the consideration of a Youth Court Judge, and the Youth Court
Judge shall direct that the proceedings be heard in the Youth Court or
elsewhere as the Youth Court Judge thinks fit.

  (3)  Where any such proceedings are directed to be heard in a Youth Court,
the Youth Court Judge exercising jurisdiction in a Youth Court may, at any
stage of the proceedings, make an order for their removal out of the Youth
Court, and on the making of such an order the proceedings shall be held as if
a Youth Court had not been established.

  (4)  In any proceedings to which this section applies, the powers of any
Youth Court Judge in respect of any accused person who is not a young person
shall be limited to such powers as are exercisable by the Youth Court Judge as
a District Court Judge elsewhere than in a Youth Court.

  (5)  Where any accused person, not being a young person, is convicted in a
Youth Court,---

      (a)  any sentence imposed or order made shall be one that could have been
imposed or made if that accused person had been convicted following a summary
hearing in a District Court; and

      (b)  that accused person shall for all purposes, including section 71(2)
of the Summary Proceedings Act 1957, be deemed to have been convicted in a
District Court.

Compare: 1974 No 72 s 34(3)-(7)


                                    Part 5
                 Provisions relating to procedure in Youth Court

                                    General

   321 Application of District Courts Act 1947 and Summary Proceedings Act 1957

  (1)  Subject to the provisions of this Act, the provisions set out in
Schedule 1 shall apply, with such modifications as are indicated in that
schedule or are necessary, to Youth Courts and to proceedings in such Courts,
as the case may require.

  (2)  For the purposes of section 293 every Youth Court and its officers shall
have all the powers and duties of a District Court and its officers
respectively, and Part 3 of the Summary Proceedings Act 1957 shall apply
accordingly with all necessary modifications and the following specific
modification, namely, that where any child or young person is examined as to
the means of that child or young person under that Part of that Act any parent
or guardian or other person having the care of that child or young person may
be present.

  (3)  In any provisions so applied District Court Judge, for the purposes of
this Act, means a Youth Court Judge exercising jurisdiction in a Youth Court.

  (4)  Any officer of a District Court may act as an officer of a Youth Court.

  (5)  For the avoidance of doubt, it is hereby declared that, in any case
where a child or young person first appears before a Youth Court following his
or her arrest, the following powers may be exercised in relation to the child
or young person by a Justice or Community Magistrate:

      (a)  the powers conferred by section 238(1):

      (b)  where the child or young person is legally represented in the
proceedings, the powers conferred by section 246(b).

Compare: 1974 No 72 s 99

Section 321(5): added, on 8 January 1995, by section 40 of the Children, Young
Persons, and Their Families Amendment Act 1994 (1994 No 121).

Section 321(5): words inserted, on 30 June 1998, by section 7 of the District
Courts Amendment Act 1998 (1998 No 76).

                           --------------------

                                 Schedule 1                           s 321
                  Provisions applied to Youth Courts and to
                         proceedings in such Courts

    2  Part 2 of the Summary Proceedings Act 1957, except that---

  (a) informations against young persons shall continue to be filed in District
Courts notwithstanding that they may be heard and determined in Youth Courts:

  (b) sections 21 and 31(1A) shall not apply:

  (c) unless a District Court Judge otherwise orders, charges which are against
young persons and which are within the jurisdiction of the Youth Court shall be
heard and determined in the Youth Court that is a division of the District
Court in which the information is filed:

  (d) neither a Justice nor a Community Magistrate may exercise any of the
powers conferred by section 34(2):

  (e) Repealed

  (f) sections 41, 44, 67(2), 68(1), 68(4), and 71 shall not apply:

  (g) sections 75 to 77 shall apply as if the proving of a charge were a
conviction.

Schedule 1 clause 2(d): words omitted, on 1 January 2001, by section 74(2) of
the Bail Act 2000 (2000 No 38).

Schedule 1 clause 2(d): words substituted, on 30 June 1998, by section 7 of the
District Courts Amendment Act 1998 (1998 No 76).

Schedule 1 clause 2(e): repealed, on 1 January 2001, by section 74(2) of the
Bail Act 2000 (2000 No 38).

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