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Children, Youth and Families Act 2005
585Transfer of proceedings from Magistrates' Court to Children's Court
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585 Transfer of proceedings from Magistrates' Court to Children's Court
S. 585(1) amended by No. 68/2009 s. 82.
(1) If before or during the hearing of a charge for an offence it appears to the Magistrates' Court that the accused is a child or was a child when the proceeding for the offence was commenced in the Magistrates' Court, the Magistrates' Court must discontinue the proceeding and order that it be transferred to the Children's Court and in the meantime it may—
S. 585(1)(a) amended by No. 68/2009 s. 82.
S. 585(1)(b) amended by No. 68/2009 s. 82.
(b) grant the accused bail conditioned for the appearance of the accused before the Children's Court at the time and place at which the proceeding is to be heard; or
S. 585(1)(c) amended by No. 68/2009 s. 82.
(c) remand the accused in a remand centre until the proceeding is heard by the Children's Court.
(2) In exercising a power conferred by subsection (1)(b) or (1)(c) the Magistrates' Court must exercise the power in accordance with this Act as if it were the Children's Court.
S. 586 amended by Nos 68/2009 s. 83, 48/2018 s. 3 (ILA s. 39B(1)).