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The Treatment of Offenders (Northern Ireland) Order 1989


This is the original version (as it was originally made).

Remittal of persons under 17 to juvenile courts for trial

4.  After section 64 of the Children and Young Persons Act (Northern Ireland) 1968(1) there shall be inserted the following section—

Power of magistrates' court to remit a person under 17 for trial to ajuvenile court.

64A.(1) This section shall have effect where—

(a)a child or young person appears or is brought before a magistrates' court other than a juvenile court on a complaint jointly charging him and one or more other persons with an offence; and

(b)that other person, or any of those other persons, has attained the age of seventeen,

and in this section “the older accused” means such one or more of the accused as have attained the age of seventeen.

(2) If—

(a)the court hears the complaint or (as the case may be) deals summarily with the charge in the case of both or all of the accused, and the older accused or each of the older accused pleads guilty; or

(b)the court—

(i)in the case of the older accused or each of the older accused, conducts a preliminary investigation or preliminary inquiry and either commits him for trial or discharges him; and

(ii)in the case of the child or young person, hears the complaint or (as the case may be) deals summarily with the charge,

then, if in either situation the child or young person pleads not guilty, the court may, before any evidence is called in his case, remit him for trial to a juvenile court acting for the same place as the remitting court or for the place where he resides.

(3) A person remitted to a juvenile court under subsection (2) shall be brought before and tried by a juvenile court accordingly.

(4) Where a person is so remitted to a juvenile court—

(a)he shall have no right of appeal against the order of remission; and

(b)the remitting court may give such directions as appear to be necessary with respect to his custody or for his release on bail until he can be brought before the juvenile court.

(5) The preceding provisions of this section shall apply in relation to a corporation as if it were an individual who has attained the age of seventeen..

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