HRS §704-418
When a child cannot be tried as an adult
This section says that a person who is under the exclusive authority of the family court cannot be tried or convicted for a crime unless the family court gives up that authority. If it looks like the person might be too young, the court must hold a hearing, and the prosecution must prove the person can be tried. If not, the case goes to family court.
childrencourts
The statute, as written — Immaturity excluding penal conviction; transfer of proceedings to family court
(1) A person shall not be tried for or convicted of an offense if the person is subject to the exclusive original jurisdiction of the family court, unless the family court has waived jurisdiction over the person. (2) No court shall have jurisdiction to try or convict a person of an offense if penal proceedings against the person are barred by subsection (1). When it appears that a person charged with the commission of an offense may be of such an age that penal proceedings may be barred under subsection (1), the court shall hold a hearing thereon, and the burden shall be on the prosecution to establish to the satisfaction of the court that the penal proceeding is not barred upon such grounds. If the court determines the penal proceeding is barred, custody of the person charged shall be surrendered to the family court, and the case, including all papers and processes relating thereto, shall be transferred.
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