Section 26Part 3 — Young Persons and Offences
Breach of attendance orders
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Where an attendance order has been made, and it appears, on information in writing and on oath to a justice of the peace, that the young person has failed to attend in accordance with the order, the justice may issue a summons requiring the young person to appear before a youth court at the place and time specified in the summons.
Where an information under subsection (1) has been laid, the justice may issue a warrant for the young person's arrest requiring that person to be brought before a youth court.
Where the youth court (before which the young person appears or is brought under this section) is satisfied that the young person has failed without reasonable excuse to attend as mentioned in subsection (1), that court may, without prejudice to the continuation of the order, impose on that person a fine of one thousand dollars or, if the attendance order was made by —
a court of summary jurisdiction, revoke it and deal with that person, for the offence in respect of which the order was made, in any manner in which that person could have been dealt with for that offence by the court which made the order if the order had not been made; or
the Grand Court, commit that person in custody or release that person on bail until that person can be brought or appears before the Grand Court.
A fine imposed under subsection (3) shall be deemed, for the purposes of any enactment, including this Act, to be a sum adjudged to be paid by a conviction.
A youth court which deals with a young person's case under paragraph (b) of subsection (3) shall send to the Grand Court a certificate signed by a justice of the peace giving particulars of the young person's failure to attend as required by the attendance order, together with such other particulars of the case as may be described; and a certificate purporting to be so signed shall be admissible as evidence of the failure before the Grand Court.
Where, by virtue of paragraph (b) of subsection (3), the young person is brought or appears before the Grand Court, and it is proved to the satisfaction of the court that that person has failed to attend as required by the attendance order, the court may revoke the attendance order and deal with that person , for the offence in respect of which the order was made, in any manner in which it could have dealt with that person for that offence if it had not made the order.
In dealing with a young person under paragraph (a) of subsection (3) or under subsection (6), the court concerned —
shall take into account the extent to which the young person has complied with the requirements of the attendance order; and
may assume, in the case of a young person who has wilfully and persistently failed to comply with those requirements, that that person has refused to give that person's consent to a sentence which has been proposed by the court and required that consent.
A young person sentenced under paragraph (a) of subsection (3) for an offence may appeal to the Grand Court against the sentence.
In proceedings before the Grand Court under this section, any question whether there has been a failure to attend as required by an attendance order shall be determined by the court and not by the verdict of a jury.