161Jurisdiction of Court

161 Jurisdiction of Court

(1)  The Court –

(a) has jurisdiction to hear and determine a charge against a youth for an offence, and to deal with all related matters; and

(b) has jurisdiction to hear and determine proceedings under Part VII of the Justices Act 1959 where the defendant is a youth; and

(c) has jurisdiction to hear and determine an application for a restraint order, interim restraint order or telephone interim restraint order under Part XA of the Justices Act 1959 if the only respondent to the application is a person who is less than 18 years old at the time the application is first made; and

(d) has any other jurisdiction conferred by any Act.

(2)  [Section 161 Subsection (2) substituted by No. 1 of 2003, s. 22, Applied:16 Apr 2003] If a youth who is 15 years old or more is charged before the Court with an indictable offence that is not a prescribed offence, the Court must ask the youth if he or she is willing to be tried by the Court instead of by jury.

(2A)  [Section 161 Subsection (2A) inserted by No. 1 of 2003, s. 22, Applied:16 Apr 2003] If a youth referred to in subsection (2) stands mute when asked if he or she is willing to be tried by the Court instead of by jury, the youth is taken to be willing to be tried by the Court.

(2B)  [Section 161 Subsection (2B) inserted by No. 1 of 2003, s. 22, Applied:16 Apr 2003] If a youth referred to in subsection (2) is willing to be tried by the Court and the youth's guardian, if present, does not object to the youth being so tried, the section creating the offence is taken to have created a simple offence and the Court must proceed to hear and determine the charge.

(3)  [Section 161 Subsection (3) amended by No. 1 of 2003, s. 22, Applied:16 Apr 2003] If a youth referred to in is not willing to be tried by the Court or the youth's guardian objects to the youth being tried by the Court, the Court must proceed under .