Section 274 — Children, Young Persons, and Their Families Act 1989: Manner of dealing with purely indictable offences or where person elects jury trial

274 Manner of dealing with purely indictable offences or where person elects jury trial (1) This section applies where— (a) A young person is charged with a purely indictable offence; or (b) A young person elects trial by jury under section 66 of the Summary Proceedings Act 1957 . (2) Subject to sections 275 and 276 of this Act, where this section applies,— (a) The preliminary hearing shall take place in accordance with Part 5 of the Summary Proceedings Act 1957 , except that the hearing shall take place in a Youth Court which for that purpose shall have all the powers of a District Court and which shall be presided over by a Youth Court Judge or, in the absence of a Youth Court Judge, by a District Court Judge or by 2 or more Justices or by one or more Community Magistrates; and (b) Sections 329 and 438 of this Act, and not section 138 of the Criminal Justice Act 1985 , shall apply in respect of the proceedings. Compare: 1974 No 72 s 34(2)(a), (b) Subsection (2)(a) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting “ or by one or more Community Magistrates ” .