Australian Capital Territory Consolidated Acts

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MAGISTRATES COURT ACT 1930 - SECT 289

Proceedings where children jointly charged with adults

    (1)     If a child and an adult are jointly charged with an offence, section 288 (Jurisdiction of Childrens Court) applies to a proceeding against the child arising out of the charge as if the child had been charged separately.

    (2)     Section 288 does not apply to the committal hearing for an indictable offence alleged to have been committed jointly by a child and an adult if a magistrate, having regard to the nature of the alleged offence and the time and expense involved in carrying out the committal hearings separately, orders that the section does not apply.

    (3)     To remove any doubt, the Court Procedures Act 2004 , part 7A (Procedural provisions—proceedings involving children or young people) applies to a proceeding against a child even if the proceeding arises out of an offence for which the child and an adult were jointly charged.



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