105BYouth and adult charged – joint preliminary examination

105B Youth and adult charged – joint preliminary examination (a) a youth, as defined in the Youth Justice Act 2005, and an adult are charged with offences founded on the same facts; and (b) under the Youth Justice Act 2005 the charge against the youth is to be dealt with by way of preliminary examination; and (c) under this Act the charge against the adult is to be dealt with by way of preliminary examination. (2) If this section applies, the 2 preliminary examinations may be conducted by the Court as a joint preliminary examination. (3) When conducting a joint preliminary examination: (a) for the charge against the youth – the presiding Judge constitutes the Youth Justice Court and must deal with the matter under the Youth Justice Act 2005; and (b) for the charge against the adult – the presiding Judge constitutes the Court and must deal with the matter under this Act.

Local Court (Criminal Procedure) Act 1928 42 (4) The Court conducting a joint preliminary examination may, at any stage, disjoin the examinations and deal with the defendants separately if satisfied it would be in the interests of justice to do so. (5) When a joint preliminary examination is conducted, the examination: (a) in so far as it relates to the youth, is a preliminary examination under the Youth Justice Act 2005; and (b) in so far as it relates to the adult, is a preliminary examination under this Act.