Court of Inquiry

1. Law
2. Georgia Code
3. Courts
4. Juvenile Code
5. General Provisions
6. Court of Inquiry

1. The juvenile court shall have jurisdiction to act as a court of inquiry with all the powers and rights allowed courts of inquiry in this state and to examine or investigate into the circumstances or causes of any conduct or acts of any person 17 or more years of age that may be in violation of the laws of this state whenever such person is brought before the court in the course of any proceeding instituted under this chapter. The court shall cause the person to be apprehended and brought before it upon either a writ of summons, a warrant duly issued, or by arrest.
2. When, after hearing evidence, the court has reasonably ascertained that there is probable cause to believe that the person has committed a misdemeanor or felony as prescribed under the laws of this state, the court shall commit, bind over to the court of proper jurisdiction in this state, or discharge the person. When justice shall require, the court shall cause the person to make such bail as the court shall deem proper under the circumstances and to cause the person to appear before the court of proper jurisdiction in this state to be acted upon as provided by law.

(Code 1981, §15-11-7, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Cross references.

- Juvenile Court records, Uniform Rules for the Juvenile Courts of Georgia, Rules 3.1 et seq.

Juvenile Court as court of inquiry, Uniform Rules for the Juvenile Courts of Georgia, Rules 14.1 and 14.2.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarities of the statutory provisions, decisions under pre-2000 Code Section 15-11-65 and pre-2014 Code Section 15-11-4, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.

Juvenile courts have all powers and rights of courts of inquiry.

- Subsection (a) of former O.C.G.A. § 15-11-4 granted juvenile courts all the powers and rights of courts of inquiry. This included the power to issue search warrants under O.C.G.A. § 17-5-21 since a juvenile court as a court of inquiry was specifically authorized by former O.C.G.A. § 15-11-4 to examine into the arrest of an offender against the penal laws. State v. Belcher, 157 Ga. App. 137, 276 S.E.2d 649 (1981) (decided under former O.C.G.A. § 15-11-65).

Powers of court supplemented by application to persons not juveniles.

- Concluding clause of the first sentence of subsection (a) of former O.C.G.A. § 15-11-4 did not limit the grant of authority to act as a court of inquiry; the clause merely supplemented those powers by specifically applying those powers to a class of persons who were not, by definition, juveniles. State v. Belcher, 157 Ga. App. 137, 276 S.E.2d 649 (1981) (decided under former O.C.G.A. § 15-11-65).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under pre-2000 Code Section 15-11-65, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.

Concurrent warrant-issuing magistrates.

- See 1984 Op. Att'y Gen. No. U84-30 (decided under former O.C.G.A. § 15-11-65).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 39 et seq.

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