Northern Territory Consolidated Acts

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YOUTH JUSTICE ACT 2005 - SECT 56B

Youth and adult charged – joint preliminary examination

    (1)     This section applies if:

        (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 .



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