Section 10
of Children and Young Persons Act
Section 10
(1)
Subject to the provisions of this section, no child or young person shall be charged with or tried in a summary way for any offence except by a Juvenile Court.
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(2)
Where a child or young person is charged with any offence triable only by the High Court, he shall be tried by the High Court unless —
(a)
the Public Prosecutor applies to a Juvenile Court for it to try such offence; and
(b)
the legal representative of that child or young person agrees to the offence being tried by a Juvenile Court.
(3)
Where a charge is made jointly against a child or young person and a person who has attained the age of 18 years, the charge shall be heard by a court of appropriate jurisdiction other than a Juvenile Court.
(4)
Where, in the course of any proceedings before any court of appropriate jurisdiction other than a Juvenile Court, it appears that the person to whom the proceedings relate is a child or young person, the court may, notwithstanding subsection (1), proceed with the hearing and determination of the proceedings.
(5)
A Juvenile Court shall have jurisdiction to try all offences which, but for subsections (1) and (2), would be triable only by a Court of a
Magistrate, the Intermediate Court or the High Court.
(6)
A person who has attained the age of 18 years on the date of commencement of the hearing of the charge shall not be tried by a Juvenile
Court.
(7)
Where in the course of any trial before a Juvenile Court, the child or young person to whom the trial relates attains the age of 18 years, nothing in subsection (6) shall prevent the Juvenile Court, if it thinks fit, from proceeding with the trial and dealing with the child or young person in accordance with the provisions of this Act.
(8)
In this section, “legal representative”, in relation to a child or young person who is charged with an offence, includes any person assisting him in his defence to the charge.
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B.L.R.O. 6/2012 17
Place of sitting and persons who may be present.