any reason the appellate court considers that the finding should not stand. (7) In any other case, the appellate court must dismiss an appeal under subsection (1). (8) If the appellate court allows an appeal under subsection (1), it must set aside the finding of unfitness to stand trial and either— s. 38U the matter to the Children's Court for hearing and determination of the offence charged against the child; or the matter for a rehearing of the investigation under this Division as to whether the child is fit to stand trial. (9) Despite subsection (8), if the appellate court allows an appeal under subsection (1) but considers that the child is unfit to stand trial, it may affirm the finding and refer the matter to the Children's Court. (10) If the appellate court remits a matter under subsection (8)(b)— may give directions concerning the manner and of the rehearing; and Children's Court conducting the rehearing must hear and determine the matter in accordance with the directions, if any. (11) On remitting or referring a matter under this section, the appellate court may remand the child in custody or grant bail to the child or make any other order that the court considers appropriate for the safe custody of the child.
any reason the appellate court considers that the finding should not stand. (7) In any other case, the appellate court must dismiss an appeal under subsection (1). (8) If the appellate court allows an appeal under subsection (1), it must set aside the finding of unfitness to stand trial and either— s. 38U the matter to the Children's Court for hearing and determination of the offence charged against the child; or the matter for a rehearing of the investigation under this Division as to whether the child is fit to stand trial. (9) Despite subsection (8), if the appellate court allows an appeal under subsection (1) but considers that the child is unfit to stand trial, it may affirm the finding and refer the matter to the Children's Court. (10) If the appellate court remits a matter under subsection (8)(b)— may give directions concerning the manner and of the rehearing; and Children's Court conducting the rehearing must hear and determine the matter in accordance with the directions, if any. (11) On remitting or referring a matter under this section, the appellate court may remand the child in custody or grant bail to the child or make any other order that the court considers appropriate for the safe custody of the child.
97-65a060.docx