524Legal representation

524 Legal representation

(1) If at any stage—

S. 524(1)(a) amended by No. 15/2013 s. 10(1).

(a) in a proceeding in the Family Division, a child aged 10 years or more is not separately legally represented; or

(b) in a proceeding in the Criminal Division, a child is not legally represented; or

(c) in a proceeding in the Family Division, a child's parents are not legally represented; or

S. 524(1)(d) amended by No. 61/2014 s. 85.

(d) in a proceeding in the Family Division for the making, variation or revocation of a permanent care order, an applicant for the order or a person named in the application as suitable to have parental responsibility for a child or a person who was granted parental responsibility for a child under the order is not legally represented—

the Court may adjourn the hearing of the proceeding to enable the child or the child's parents or the person referred to in paragraph (d) (as the case requires) to obtain legal representation.

S. 524(1A) inserted by No. 15/2013 s. 10(2).

(1A) If a child aged 10 years or more is not, subject to section 216, separately legally represented in a proceeding referred to in section 525(1), the Court must adjourn the hearing of the proceeding to enable the child to obtain legal representation unless the Court makes a determination under subsection (1B).

S. 524(1B) inserted by No. 15/2013 s. 10(2).

(1B) The Court may determine that a child aged 10 years or more is not mature enough to give instructions to a legal practitioner, considering—

(a) the child's ability to form and communicate the child's own views; and

(b) the child's ability to give instructions in relation to the primary issues in dispute; and

(c) any other matter the Court considers relevant.

S. 524(2) amended by No. 15/2013 s. 10(3).

(2) If a child is not legally represented in a proceeding referred to in section 525(2), the Court must adjourn the hearing of the proceeding to enable the child to obtain legal representation and, subject to subsection (3), must not resume the hearing unless the child is legally represented.

S. 524(3) amended by No. 15/2013 s. 10(4).

(3) The Court may resume a hearing that was adjourned by it in accordance with subsection (2) even though the child is not legally represented if satisfied that the child has had a reasonable opportunity to obtain legal representation and has failed to do so.

S. 524(4) amended by No. 15/2013 s. 10(5).

(4) If, in exceptional circumstances, the Court determines that it is in the best interests of a child aged under 10 years or a child aged 10 years or more whom the Court determines under subsection (1B) is not mature enough to give instructions, for the child to be legally represented in a proceeding in the Family Division, the Court may adjourn the hearing of the proceeding to enable that legal representation to be obtained.