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YOUTH JUSTICE ACT 1992 - SECT 46
Proceeding in relation to simple offence in absence of child
46 Proceeding in relation to simple offence in absence of child
(1) Subject to subsection (2) , a Childrens Court magistrate may hear and
determine a proceeding against a child in relation to a complaint and summons
for a simple offence in the absence of the child in the way set out in the
Justices Act 1886 , part 6 .
(2) Under subsection (1) , the only
sentence order a Childrens Court magistrate may make against a child in the
child’s absence is an order imposing a fine, and then only if the child has
indicated in writing to the court that the child has a capacity to pay a fine
of a specified amount that is equal to or greater than the fine ordered to be
paid.
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