28Limitation on power of Court to hear joint charge

28 Limitation on power of Court to hear joint charge

(1)  The Court is not entitled to hear and determine a charge against a youth if –

(a) the youth is 15 or more years old; and

(b) the youth is charged jointly with an adult; and

(c) the youth and the adult both plead not guilty to the charge.

(2)  If a youth is jointly charged with an adult and the adult or the youth, or both, plead guilty to the charge, the Court must hear and determine the charge against the youth unless the prosecutor objects.

(3)  If the prosecutor makes an objection under subsection (2) , the Court may hear and determine the charge against the youth or determine that the charge is to be transferred to the Supreme Court under Part VII of the Justices Act 1959 .