Delaware Code Title 21 Sec. 704 – Jurisdiction over certain children; notice that child has been taken …
(a) Justices of the peace shall have jurisdiction over a child 16 or 17 years of age or older charged with having violated this title, except as provided in § 927 of Title 10 and except when said child is charged with having violated 1 or more of the offenses specified in § 927 of Title 10 and, in the same incident, is charged with having violated other Title 21 offenses not specified in § 927 of Title 10, in which event the entire case shall be heard in the Family Court.
Terms Used In Delaware Code Title 21 Sec. 704
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Justices of the peace and arresting officers shall conform to the procedure for advising the accused of all rights of election of trial in the Court of Common Pleas as provided in § 5901 of Title 11.
(c) Section 703 of this title shall also be applicable to all alleged offenders.
(d) Justices of the peace shall adhere to the procedures, where applicable, as specified in Chapter 9 of Title 10, for offenders over whom they have jurisdiction pursuant to this section.
(e) Any peace officer having taken a child into custody or any justice of the peace before whom said child is brought by a peace officer shall make a reasonable attempt to notify the person having the care of the child that the child has been taken into custody.
(f) The jurisdiction of the Family Court in matters involving the violation of this title by children 16 years of age or over is hereby terminated, with the exception of those offenses over which the Family Court has expressly retained jurisdiction under § 927 of Title 10 and except for such actions for the violation of this title which were commenced prior to August 5, 1976.
21 Del. C. 1953, § ?704A; 58 Del. Laws, c. 115, § ?1; 58 Del. Laws, c. 273; 60 Del. Laws, c. 708, §§ ?4, 5; 63 Del. Laws, c. 326, § ?1; 71 Del. Laws, c. 176, §§ ?28, 29;