CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 89 Summary disposal of certain cases

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 89

(1)     Subject to this section and section 91 (Young person may elect to be committed for trial), if—

        (a)     a young person is charged before the court with an indictable offence; and

        (b)     the court is of the opinion that the case can properly be disposed of summarily;

the court may hear and decide the charge summarily.

(2)     Subsection (1) does not apply to an offence that is punishable by imprisonment for life.

(3)     Before forming an opinion about whether a case can properly be disposed of summarily, the court must have regard to such matters as it considers relevant and, in particular, to each of the following:

        (a)     relevant representations made by the defendant;

        (b)     relevant representations made by the prosecutor in the presence of the defendant;

        (c)     the facts of the case;

        (d)     the seriousness of the alleged offence;

        (e)     the circumstances in which the offence is alleged to have been committed;

        (f)     the age of the young person;

        (g)     the apparent maturity of the young person;

        (h)     the apparent mental capacity of the young person;

              (i)     the suitability of the penalties that the court is empowered to impose;

        (j)     the difficulty of any question of law that is likely to arise.