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Youth Justice Act 2005
138Procedure where adult before Youth Justice Court
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138 Procedure where adult before Youth Justice Court
(1) If, in the course of any proceedings before the Youth Justice Court,
it appears to the Court that the proceedings should have been
instituted in the Local Court, the Youth Justice Court may:
(a) order a stay of the proceedings; or
(b) proceed with the hearing and determination of those
proceedings as if it were the Local Court.
(2) If the Youth Justice Court stays proceedings under subsection (1), it
must:
(a) refer the proceedings for hearing and determination by the
Local Court; and
(b) do one of the following:
(i) allow the defendant to go at large;
(ii) release the defendant on bail;
(iii) remand the defendant in suitable custody.