QLDIn ForceAct
Youth Justice Act 1992
sec.110Removal to another jurisdiction for joint trial with another person
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### sec.110 Removal to another jurisdiction for joint trial with another person
The prosecution may apply to a Childrens Court judge for the removal of a committed proceeding to a court of competent jurisdiction other than a Childrens Court judge for the purpose of having the child tried on indictment with another person.
If the judge is satisfied that—
the child may lawfully be charged in an indictment in which the other person will also be charged; and
if the child were so charged it is unlikely an application would be granted resulting in the child’s trial being had separately from the other person; and
in all the circumstances, including the relevant principles of this Act, the proceedings should be removed as requested;
the judge may grant the request and remove the proceeding as requested.
In removing the proceeding, the judge may exercise power as if the proceeding had been brought before the wrong court.
s 110 ins 2002 No. 39 s 29
(sec.110-ssec.1) The prosecution may apply to a Childrens Court judge for the removal of a committed proceeding to a court of competent jurisdiction other than a Childrens Court judge for the purpose of having the child tried on indictment with another person.
(sec.110-ssec.2) If the judge is satisfied that— the child may lawfully be charged in an indictment in which the other person will also be charged; and if the child were so charged it is unlikely an application would be granted resulting in the child’s trial being had separately from the other person; and in all the circumstances, including the relevant principles of this Act, the proceedings should be removed as requested; the judge may grant the request and remove the proceeding as requested.
(sec.110-ssec.3) In removing the proceeding, the judge may exercise power as if the proceeding had been brought before the wrong court.
- (a) the child may lawfully be charged in an indictment in which the other person will also be charged; and
- (b) if the child were so charged it is unlikely an application would be granted resulting in the child’s trial being had separately from the other person; and
- (c) in all the circumstances, including the relevant principles of this Act, the proceedings should be removed as requested;