Children and Young Persons Act 1993 · 2020 Revised Edition · Part 3 · Youth Court
39. Jurisdiction of Youth Court
Feedback & supportLast amended by an amending law of 2025. 4 amendments in all.
Subject to the provisions of this section, no child or young person may be charged with or tried for any offence by a court of summary jurisdiction except a Youth Court.
Where a child or young person is charged with any offence triable only by the General Division of the High Court, he or she must be tried by the General Division of the High Court unless —
young person
“young person” means a person who is 14 years of age or older but below 18 years of age.
the Public Prosecutor applies to the Youth Court to try such offence; and
the legal representative of the child or young person concerned consents to the offence being tried by the Youth Court.
Where a young person of 16 years of age or older but below 18 years of age is charged with an offence (called in this subsection the relevant offence) that —
relevant offence
“relevant offence” means —(a)any offence under Part 2;(b)any offence under Chapter 16 of the Penal Code 1871; or(c)any offence involving the causing of bodily injury to a child or young person;
is specified in the Second Schedule; or
is similar to another offence of which the young person had previously been found guilty on or after the date of commencement of section 4(1)(a) of the Statutes (Miscellaneous Amendments) Act 2022,the young person is to be tried for the relevant offence by another court of appropriate jurisdiction instead of a Youth Court, if —
the Youth Court transmits the case in accordance with subsection (2C); or
the Youth Court, on its own motion, is of the opinion that the young person ought to be tried in that other court of appropriate jurisdiction.
Where the Public Prosecutor is of the opinion that the young person mentioned in subsection (2A) must or ought to be tried in another court of appropriate jurisdiction instead of a Youth Court, the Public Prosecutor must, by fiat in writing signed personally, designate that other court of appropriate jurisdiction to try the young person.
A Youth Court, on receipt of the fiat mentioned in subsection (2B) together with the charge, is to —
cause the charge to be read and explained to the young person;
transmit the case to the court of appropriate jurisdiction designated by the Public Prosecutor for the purpose of trial; and
order that the young person be remanded in custody until and during the trial, unless the young person is released on bail.
To avoid doubt, a Youth Court can continue to exercise powers under section 36 in relation to a case that has been transmitted under subsection (2C) to the court of appropriate jurisdiction designated by the Public Prosecutor for the purpose of trial.
If a child or young person is charged with offence A (not being an offence triable only by the General Division of the High Court) that may be tried together with offence B, and offence B is to be tried by the General Division of the High Court under subsection (2), then offence A may be heard and tried by the General Division of the High Court.
If a young person of 16 years of age or older but below 18 years of age is charged with offence A that may be tried together with offence B, and offence B is to be tried by a court of appropriate jurisdiction other than the Youth Court under subsection (2A), then offence A may be heard and tried in that other court of appropriate jurisdiction.
Where a charge is made jointly against a child or young person and a person who has attained 18 years of age, the charge must be heard by a court of appropriate jurisdiction other than a Youth Court.
Where, in the course of any proceedings before any court of appropriate jurisdiction other than a Youth Court, it appears that the person to whom the proceedings relate is a child or young person, the court may, despite subsection (1), proceed with the hearing and determination of the proceedings if it thinks fit.
A Youth Court has jurisdiction to try all offences which, but for subsections (1) and (2), would be triable only by a Magistrate’s Court, a District Court or the General Division of the High Court.
A person who has attained 18 years of age on the date of commencement of the hearing of the charge must not be tried for any offence by a Youth Court.
Where in the course of any trial before a Youth Court the child or young person to whom the trial relates attains 18 years of age, nothing in subsection (6) prevents the Youth 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.
In this section, “legal representative”, in relation to a child or young person who is charged with an offence, includes any person assisting the child or young person in his or her defence to the charge.[33