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The Criminal Justice (Children) (Northern Ireland) Order 1998

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This is the original version (as it was originally made).

Assignment of certain matters to youth courts

28.—(1) Subject to paragraphs (2) and (3), no charge against a child and no application the hearing of which is by magistrates' courts rules assigned to youth courts, shall be heard by a magistrates' court which is not a youth court.

(2) A charge shall be heard by a magistrates' court other than a youth court where the charge is made jointly against a child and an adult and where the court does not exercise the power conferred by Article 29.

(3) A charge may be heard by a magistrates' court other than a youth court—

(a)where a child is charged with an offence arising out of circumstances which are the same as or connected with those giving rise to an offence with which an adult is charged at the same time;

(b)where a child is charged with an offence, and an adult is charged at the same time with aiding, abetting, causing, counselling, procuring, allowing or permitting that offence;

(c)where an adult is charged with an offence, and a child is charged at the same time with aiding, abetting, causing, counselling, procuring, allowing or permitting that offence;

(d)where, in the course of any proceedings before any magistrates' court other than a youth court, it appears that the person to whom the proceedings relate is a child and the court thinks fit to proceed with the hearing and determination of those proceedings.

(4) No requirement contained in any statutory provision (including a provision of this Order), that a charge shall be brought before a youth court shall be construed as restricting the powers of any justice to entertain an application for bail or for a remand, and to hear such evidence as may be necessary for that purpose.

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