CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 79 Summary trial of indictable offences.

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CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 79

Summary trial of indictable offences.

79.(1) Where a child or young person is charged with any indictable offence,
other than homicide, and

(a)a court of summary jurisdiction before which he is so charged thinks it
expedient to deal with his case summarily, and

(b)the parent or guardian of the child or, as the case may be, the
young person so charged on being informed by the court of his right to have
the case tried by a jury consents to the case being dealt with summarily, and

(c)the prosecutor consents,

(2) For the purpose of a proceeding under this section, the court, when it
becomes satisfied that it is expedient to deal with the case summarily, shall
cause the charge to be reduced into writing and read to the parent or guardian
or, as the case may be, the young person, and shall then cause to be addressed
to him a question to the following effect: "Do you desire the case to be tried
by a jury, or do you consent to the case being dealt with summarily?" with a
statement, if the court thinks such statement desirable for the information of
the person to whom the question is addressed, of the meaning of the case being
dealt with summarily and of the [place at which the Crown Court, at which the
case will be tried if tried by a jury, may sit].

(3) Where the parent or guardian of a child is not present when the child is
charged with an indictable offence before a court of summary jurisdiction, the
court, if it thinks it just to do so, may remand the child for the purpose of
causing notice to be served on the parent or guardian, with a view, so far as
is practicable, of securing his attendance at the hearing of the charge; or
the court may, if it thinks it expedient to do so, deal with the case
summarily.

(4) Every finding of guilt or dismissal under this section

(a)of a child, shall contain a statement as to the consent or otherwise of his
parent or guardian;

(b)of a young person, shall contain a statement of his consent;

(5) The provisions of paragraph (b) of section 34 and of subsections (1), (2),
(3), (5) and (6) of section 53 of the Magistrates' Courts Act (Northern
Ireland) 1964, and so much of the procedure for dealing summarily with an
indictable offence under section 52 of that Act as magistrates' courts rules
make applicable, shall apply in relation to offences authorised to be dealt
with or dealt with under this section in like manner as they apply to offences
authorised to be dealt with or dealt with under the said section 52.

(6) Any reference in this section to a court of summary jurisdiction shall
include a reference to a resident magistrate sitting out of petty sessions
under section 33(2) of the Magistrates' Courts Act (Northern Ireland) 1964.

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Northern Irish Legislation

CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 79