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Youth Justice Act 2005
56BYouth and adult charged – joint preliminary examination
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56B Youth and adult charged – joint preliminary examination
(a) a youth and an adult are charged with offences founded on
the same facts; and
(b) under this Act the charge against the youth is to be dealt with
by way of preliminary examination; and
(c) under the Local Court (Criminal Procedure) Act 1928 the
charge against the adult is to be dealt with by way of
preliminary examination under that Act.
(2) If this section applies, the 2 preliminary examinations may be
conducted as a joint preliminary examination by a Local Court
Judge constituting, at the same time, both the Local Court and the
Youth Justice Court.
(3) When conducting a joint preliminary examination:
(a) for the charge against the youth – the presiding
Judgeconstitutes the Youth Justice Court and must deal with
the matter under this Act; and
(b) for the charge against the adult – the presiding Judge
constitutes the Local Court and must deal with the matter
under the Local Court (Criminal Procedure) Act 1928.
(4) A court conducting a joint preliminary examination may, at any
stage, disjoin the examinations and deal with the defendants
separately if satisfied it would be in the interests of justice to do so.
(5) When a joint preliminary examination is conducted, the
examination:
(a) in so far as it relates to the youth, is a preliminary examination
under this Act; and
(b) in so far as it relates to the adult, is a preliminary examination
under the Local Court (Criminal Procedure) Act 1928.