276ATransfer of proceeding back to Youth Court

1. This section applies if a proceeding has been transferred from the Youth Court to the District Court or the High Court under section 275 or 276AB(1) and—

2. the circumstances or reasons for the transfer of the proceeding no longer apply; and
3. the charge or charges are within the jurisdiction of the Youth Court.

4. The District Court or the High Court must transfer the proceeding back to the Youth Court to be dealt with in that court, unless the interests of justice require the proceeding to remain, and be dealt with, in either of those courts.

5. The transfer of the proceeding may occur at any time before sentencing.

6. For the purpose of subsection (1)(a), in relation to a proceeding for a related charge that is joined to a proceeding under section 276AB(1), the reason for the transfer of the proceeding for the related charge may no longer apply if, for example,—

7. the young person has been found not guilty of the Schedule 1A offence in the District Court or the High Court; or
8. the charge for the Schedule 1A offence is to be heard separately under section 138(4) of the Criminal Procedure Act 2011, is withdrawn under section 146 of that Act, or is dismissed under section 147 of that Act; or
9. the District Court or the High Court has made an order under section 276AC(2).

10. For the purposes of sections 283, 293A, 294, 297, 298, 307, 308A, 311, and 334, a proceeding that is transferred back following a guilty plea or finding of guilt is to be treated as if the charge were proved before the Youth Court.

11. Although subsection (5) does not apply to section 281, the Youth Court may direct that a family group conference be convened under section 281B.