56Court may decline to hear and determine charge summarily

56 Court may decline to hear and determine charge summarily (1) If, at any stage of the proceedings (prior to a finding of guilt), the Youth Justice Court considers it is not appropriate to hear and determine summarily a charge in respect of an indictable offence for which the Court has jurisdiction, the Court: (a) may decline to hear and determine the charge summarily; and (b) if it declines – must give its reasons for declining; and (i) if dealing with the charge by way of preliminary examination – must continue by way of preliminary examination; and (ii) otherwise – must continue the proceedings as if the Court had been dealing with the charge by way of preliminary examination. (2) For subsection (1), it is immaterial whether or not the youth: (a) has consented under section 55(3) to the charge being heard and determined summarily; or (b) has elected under section 56A(2) to have the charge heard and determined summarily.