NTIn ForceAct
Youth Justice Act 2005
56Court may decline to hear and determine charge summarily
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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.