Section sec.86 - Youth Justice Act 1992 - Start as committal proceeding and explanation

sec.86Start as committal proceeding and explanation

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### sec.86 Start as committal proceeding and explanation The proceeding must be conducted as a committal proceeding, subject to divisions 3 and 4 . Before evidence is adduced at the proceeding, the court must explain to the child and any parent of the child who is present that— after all the evidence to be offered in the proceeding on the part of the prosecution has been adduced; and the court is of the opinion that the evidence is sufficient to put the child on trial for an indictable offence other than a serious offence; the child may elect— to have the proceeding conducted as a committal proceeding; or to have the committal proceeding discontinued and any further proceeding conducted as a hearing and deciding of the charge summarily by the court. s 86 ins 1996 No. 22 s 25 sub 2002 No. 39 s 26 (sec.86-ssec.1) The proceeding must be conducted as a committal proceeding, subject to divisions 3 and 4 . (sec.86-ssec.2) Before evidence is adduced at the proceeding, the court must explain to the child and any parent of the child who is present that— after all the evidence to be offered in the proceeding on the part of the prosecution has been adduced; and the court is of the opinion that the evidence is sufficient to put the child on trial for an indictable offence other than a serious offence; the child may elect— to have the proceeding conducted as a committal proceeding; or to have the committal proceeding discontinued and any further proceeding conducted as a hearing and deciding of the charge summarily by the court. - (a) after all the evidence to be offered in the proceeding on the part of the prosecution has been adduced; and - (b) the court is of the opinion that the evidence is sufficient to put the child on trial for an indictable offence other than a serious offence; - (c) to have the proceeding conducted as a committal proceeding; or - (d) to have the committal proceeding discontinued and any further proceeding conducted as a hearing and deciding of the charge summarily by the court.