Section 321 — Children, Young Persons, and Their Families Act 1989: Application of District Courts Act 1947 and Summary Proceedings Act 1957

321 Application of District Courts Act 1947 and Summary Proceedings Act 1957 (1) Subject to the provisions of this Act, the provisions set out in Schedule 1 to this Act shall apply, with such modifications as are indicated in that Schedule or are necessary, to Youth Courts and to proceedings in such Courts, as the case may require. (2) For the purposes of section 293 of this Act every Youth Court and its officers shall have all the powers and duties of a District Court and its officers respectively, and Part 3 of the Summary Proceedings Act 1957 shall apply accordingly with all necessary modifications and the following specific modification, namely, that where any child or young person is examined as to the means of that child or young person under that Part of that Act any parent or guardian or other person having the care of that child or young person may be present. (3) In any provisions so applied the term District Court Judge , for the purposes of this Act, means a Youth Court Judge exercising jurisdiction in a Youth Court. (4) Any officer of a District Court may act as an officer of a Youth Court. (5) For the avoidance of doubt, it is hereby declared that, in any case where a child or young person first appears before a Youth Court following his or her arrest, the following powers may be exercised in relation to the child or young person by a Justice or Community Magistrate: (a) The powers conferred by section 238(1) of this Act: (b) Where the child or young person is legally represented in the proceedings, the powers conferred by section 246(b) of this Act. Compare: 1974 No 72 s 99 Subsection (5) was inserted, as from 8 January 1995, by section 40 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121). Subsection (5) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76) by inserting “ or Community Magistrate ” .