Children Act 2001

Children charged with summary offences jointly with adults.

74

74.—(1) Where—

( a) a child is charged with a summary offence and the charge is made jointly against the child and one or more adults,

( b) a child is charged with a summary offence and one or more adults are charged at the same time with aiding, abetting, counselling or procuring the commission of that offence,

( c) a child is charged with aiding, abetting, counselling or procuring the commission of a summary offence with which one or more adults are charged at the same time, or

( d) a child is charged with a summary offence arising out of circumstances which are the same as or connected with those giving rise to an offence with which one or more adults are charged at the same time,

the charge or charges against the child and the adult or adults shall be heard by the Court unless the Court considers that the charge or charges should be heard by the District Court sitting otherwise than as the Children Court.

(2) Where pursuant to subsection (1) the Court is satisfied of the guilt of an adult—

( a) any sentence imposed or order made shall be one that could have been imposed or made if that person had been found guilty by the District Court, and

( b) that person shall for all purposes be deemed to have been found guilty by the District Court.