Clause 27

by inserting, immediately after subsection (2), the following subsections:“(2A) 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 —

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 27 of the Children and Young Persons (Amendment) Act 2019,the young person shall 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.(2B) 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.(2C) 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.(2D) To avoid doubt, a Youth Court can continue to exercise powers under section 30 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.”;

by deleting the words “16 years” in subsections (3), (6) and (7) and substituting in each case the words “18 years”; and

by deleting the words “subsections (1) and (2)” in subsection (5) and substituting the words “subsections (1), (2), (2A) and (3)”.