Section 358 — Children, Young Persons, and Their Families Act 1989: Presence of young person at hearing of appeal

358 Presence of young person at hearing of appeal (1) On the hearing of any appeal relating to an order under paragraph (k) or paragraph (l) or paragraph (m) or paragraph (n) of section 283 of this Act (not being an appeal on a point of law only), the young person, if the young person is then, pursuant to that order, under the supervision of the chief executive or any other person or organisation, or, as the case may be, is in the custody of the chief executive, shall be entitled to be present unless the High Court or a Judge of that Court otherwise directs. (2) On the hearing of any appeal relating to an order made under section 283(n) of this Act (being an appeal on a point of law only), the young person, if the young person is then in the custody of the chief executive, shall not be entitled to be present except with the leave of the High Court or a Judge of that Court. (3) Where under this section a young person is entitled to be present in the High Court on the hearing of any appeal, the person having custody of that young person may, without further authority than this subsection, cause that young person to be taken to the High Court for the hearing. (4) Where any appeal relating to a young person is made under this Part of this Act, the High Court or a Judge of that Court may order that the young person shall be present at the hearing. Compare: 1974 No 72 s 60 Subsections (1) and (2) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “ chief executive ” for “ Director-General ” .