means detention in a youth justice centre custody or a youth residential centre; means investigation under investigation Division 2; has the same meaning as in the magistrate Children, and Families Act 2005; means a non-custodial supervision supervision order referred to in section 38ZH(5)(b); has the same meaning as in the President Children, Youth and Families Act 2005; in relation to a proceeding in a court, return date, means any date on which the proceeding is listed before the court; means a hearing under Division 3; special hearing means an order made under supervision order section 38ZH. S. 38I inserted by No. 55/2014 s. 125 (as amended by No. 79/2014 s. 48). 38I Constitution of Children's Court s. 38I (1) If the question of the fitness of a child to stand trial arises or the defence of mental impairment is raised in a proceeding in the Children's Court— the offence is punishable by level 2 imprisonment (25 years maximum), the Children's Court must be constituted by the President or, if the President is unavailable, a magistrate nominated by the President; or any other case, the Children's Court must be constituted by the President or a magistrate.
custody means detention in a youth justice centre or a youth residential centre; investigation means investigation under Division 2; magistrate has the same meaning as in the Children, and Families Act 2005; non-custodial supervision means a supervision order referred to in section 38ZH(5)(b); President has the same meaning as in the Children, Youth and Families Act 2005; return date, in relation to a proceeding in a court, means any date on which the proceeding is listed before the court; special hearing means a hearing under Division 3; supervision order means an order made under section 38ZH. S. 38I inserted by No. 55/2014 s. 125 (as amended by No. 79/2014 s. 48). 38I Constitution of Children's Court s. 38I (1) If the question of the fitness of a child to stand trial arises or the defence of mental impairment is raised in a proceeding in the Children's Court— the offence is punishable by level 2 imprisonment (25 years maximum), the Children's Court must be constituted by the President or, if the President is unavailable, a magistrate nominated by the President; or any other case, the Children's Court must be constituted by the President or a magistrate.
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