Part 2: Courts, tribunals and coroners Chapter 1: Criminal procedure Section 12: Powers of youth court to transfer cases if accused turns 18
Section 12 amends section 47 of the CDA 1998 (powers of youth court) in order to make provision for the youth court to remit defendants to the adult magistrates’ court or the Crown Court, where a person who appears or is brought before a youth court charged with an offence subsequently attains the age of 18 (new subsection (A1)). New subsection (4A) sets out that, under this section, a person is taken to be the age which that person appears to the court after considering any available evidence.
	New subsection (1) sets out that where a defendant has been charged with either a summary offence or an offence triable either way, and has subsequently attained the age of 18, the youth court may remit the person for trial to an adult magistrates’ court at any time before the start of the trial. Where a defendant has been charged with an indictable offence, and has subsequently attained the age of 18, the youth court may send the person for trial to the Crown Court at any time before the start of the trial (new subsection (1A)).
	Where the youth court is proposing to remit a person to an adult magistrates’ court for an offence triable either way, the court must give the defendant the opportunity to elect for a jury trial and, if the person does so elect, must send the person for trial to the Crown Court (see new subsection (1C)(b)).
	New subsection (1D) provides that this power does not have to be exercised in open court in the presence of the defendant in question; however, if it is not, then the youth court must serve certain documents on the defendant which state the charge against them; explain that the court is proposing to either remit for trial to an adult magistrates’ court or send the defendant for trial to the Crown Court; and any other information as required by the CrimPRs.
	The circumstances when related cases or co-defendants are also to be sent to the Crown Court along with the main offence will be dealt with by the CrimPRs under new subsections (1E) and (1F). This may include provision for related summary-only offences to be sent to the Crown Court.