{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-269.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-269.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-269.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-269.6.html"}],"law_id":72657,"edition_id":1,"section_id":72657,"structure_id":14442,"section_number":"16.1-269.6","catch_line":"Circuit court hearing; jury; termination of juvenile court jurisdiction; objections and appeals","history":"1994, cc. 859, 949; 1996, cc. 755, 914; 1997, c. 862; 2003, c. 144; 2004, c. 468; 2010, c. 739.","full_text":"A\n\nWithin seven days after receipt of notice of an appeal from the transfer decision pursuant to subsection A of § 16.1-269.1, by either the attorney for the Commonwealth or the juvenile, or if an appeal to such a decision to transfer is not noted, upon expiration of the time in which to note such an appeal, the clerk of the court shall forward to the circuit court all papers connected with the case, including any report required by subsection B of § 16.1-269.2, as well as a written court order setting forth the reasons for the juvenile court’s decision. Within seven days after receipt of notice of an appeal, the clerk shall forward copies of the order to the attorney for the Commonwealth and other counsel of record.B\n\nThe circuit court, when practicable, shall, within 45 days after receipt of the case from the juvenile court pursuant to subsection A of § 16.1-269.1, (i) if either the juvenile or the attorney for the Commonwealth has appealed the transfer decision, examine all such papers, reports and orders and conduct a hearing to take further evidence on the issue of transfer, to determine if there has been substantial compliance with subsection A of § 16.1-269.1, but without redetermining whether the juvenile court had sufficient evidence to find probable cause; and (ii) enter an order either remanding the case to the juvenile court or advising the attorney for the Commonwealth that he may seek an indictment. A juvenile held continuously in secure detention shall be released from confinement if there is no hearing on the merits of his case within 45 days of the filing of the appeal. The circuit court may extend the time limitations for a reasonable period of time based upon good cause shown, provided the basis for such extension is recorded in writing and filed among the papers of the proceedings. However, in cases where a charge has been certified by the juvenile court to the grand jury pursuant to subsection B or C of § 16.1-269.1, the attorney for the Commonwealth may seek an indictment upon such charge and any ancillary charge without obtaining an order of the circuit court advising him that he may do so.C\n\nThe circuit court order advising the attorney for the Commonwealth that he may seek an indictment shall divest the juvenile court of its jurisdiction over the case as well as the juvenile court’s jurisdiction over any other allegations of delinquency arising from the same act, transaction or scheme giving rise to the charge for which the juvenile has been transferred. In addition, upon conviction of the juvenile following transfer or certification and trial as an adult, the circuit court shall issue an order terminating the juvenile court’s jurisdiction over that juvenile with respect to any future criminal acts alleged to have been committed by such juvenile and with respect to any pending allegations of delinquency which have not been disposed of by the juvenile court at the time of the criminal conviction. However, such an order terminating the juvenile court’s jurisdiction shall not apply to any allegations of criminal conduct that would properly be within the jurisdiction of the juvenile and domestic relations district court if the defendant were an adult. Upon receipt of the order terminating the juvenile court’s jurisdiction over the juvenile, the clerk of the juvenile court shall forward any pending petitions of delinquency for proceedings in the appropriate general district court.D\n\nThe judge of the circuit court who reviewed the case after receipt from the juvenile court shall not, over the objection of any interested party, preside over the trial of such charge or charges.E\n\nAny objection to the jurisdiction of the circuit court pursuant to this article shall be waived if not made before arraignment.F\n\nThe time period beginning with the filing of a notice of appeal pursuant to § 16.1-269.3 or § 16.1-269.4 and ending with the order of the circuit court disposing of the appeal shall not be included as applying to the provisions of § 19.2-243.","order_by":null,"text":{"0":{"id":261530,"text":"Within seven days after receipt of notice of an appeal from the transfer decision pursuant to subsection A of § 16.1-269.1, by either the attorney for the Commonwealth or the juvenile, or if an appeal to such a decision to transfer is not noted, upon expiration of the time in which to note such an appeal, the clerk of the court shall forward to the circuit court all papers connected with the case, including any report required by subsection B of § 16.1-269.2, as well as a written court order setting forth the reasons for the juvenile court’s decision. Within seven days after receipt of notice of an appeal, the clerk shall forward copies of the order to the attorney for the Commonwealth and other counsel of record.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":261531,"text":"The circuit court, when practicable, shall, within 45 days after receipt of the case from the juvenile court pursuant to subsection A of § 16.1-269.1, (i) if either the juvenile or the attorney for the Commonwealth has appealed the transfer decision, examine all such papers, reports and orders and conduct a hearing to take further evidence on the issue of transfer, to determine if there has been substantial compliance with subsection A of § 16.1-269.1, but without redetermining whether the juvenile court had sufficient evidence to find probable cause; and (ii) enter an order either remanding the case to the juvenile court or advising the attorney for the Commonwealth that he may seek an indictment. A juvenile held continuously in secure detention shall be released from confinement if there is no hearing on the merits of his case within 45 days of the filing of the appeal. The circuit court may extend the time limitations for a reasonable period of time based upon good cause shown, provided the basis for such extension is recorded in writing and filed among the papers of the proceedings. However, in cases where a charge has been certified by the juvenile court to the grand jury pursuant to subsection B or C of § 16.1-269.1, the attorney for the Commonwealth may seek an indictment upon such charge and any ancillary charge without obtaining an order of the circuit court advising him that he may do so.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":261532,"text":"The circuit court order advising the attorney for the Commonwealth that he may seek an indictment shall divest the juvenile court of its jurisdiction over the case as well as the juvenile court’s jurisdiction over any other allegations of delinquency arising from the same act, transaction or scheme giving rise to the charge for which the juvenile has been transferred. In addition, upon conviction of the juvenile following transfer or certification and trial as an adult, the circuit court shall issue an order terminating the juvenile court’s jurisdiction over that juvenile with respect to any future criminal acts alleged to have been committed by such juvenile and with respect to any pending allegations of delinquency which have not been disposed of by the juvenile court at the time of the criminal conviction. However, such an order terminating the juvenile court’s jurisdiction shall not apply to any allegations of criminal conduct that would properly be within the jurisdiction of the juvenile and domestic relations district court if the defendant were an adult. Upon receipt of the order terminating the juvenile court’s jurisdiction over the juvenile, the clerk of the juvenile court shall forward any pending petitions of delinquency for proceedings in the appropriate general district court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":261533,"text":"The judge of the circuit court who reviewed the case after receipt from the juvenile court shall not, over the objection of any interested party, preside over the trial of such charge or charges.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":261534,"text":"Any objection to the jurisdiction of the circuit court pursuant to this article shall be waived if not made before arraignment.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":261535,"text":"The time period beginning with the filing of a notice of appeal pursuant to § 16.1-269.3 or § 16.1-269.4 and ending with the order of the circuit court disposing of the appeal shall not be included as applying to the provisions of § 19.2-243.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14442,"edition_id":1,"name":"Transfer and Waiver","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:48:09","date_modified":"2026-06-26 03:48:09","permalink":{"id":161673,"object_type":"structure","relational_id":14442,"identifier":"7","token":"16.1\/11\/7","url":"\/16.1\/11\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64380,"structure_id":14442,"section_number":"16.1-269","catch_line":"Repealed","url":"\/16.1-269\/","token":"16.1\/11\/7\/16.1-269","metadata":false},{"id":66829,"structure_id":14442,"section_number":"16.1-269.1","catch_line":"Trial in circuit court; preliminary hearing; direct indictment; remand","url":"\/16.1-269.1\/","token":"16.1\/11\/7\/16.1-269.1","metadata":false},{"id":55813,"structure_id":14442,"section_number":"16.1-269.2","catch_line":"Admissibility of statement; investigation and report; bail","url":"\/16.1-269.2\/","token":"16.1\/11\/7\/16.1-269.2","metadata":false},{"id":87118,"structure_id":14442,"section_number":"16.1-269.3","catch_line":"Retention by juvenile court; appeal","url":"\/16.1-269.3\/","token":"16.1\/11\/7\/16.1-269.3","metadata":false},{"id":65791,"structure_id":14442,"section_number":"16.1-269.4","catch_line":"Transfer to circuit court; appeal by juvenile","url":"\/16.1-269.4\/","token":"16.1\/11\/7\/16.1-269.4","metadata":false},{"id":83230,"structure_id":14442,"section_number":"16.1-269.5","catch_line":"Placement of juvenile","url":"\/16.1-269.5\/","token":"16.1\/11\/7\/16.1-269.5","metadata":false},{"id":72657,"structure_id":14442,"section_number":"16.1-269.6","catch_line":"Circuit court hearing; jury; termination of juvenile court jurisdiction; objections and appeals","url":"\/16.1-269.6\/","token":"16.1\/11\/7\/16.1-269.6","metadata":false},{"id":85877,"structure_id":14442,"section_number":"16.1-270","catch_line":"Waiver of jurisdiction of juvenile court in certain cases","url":"\/16.1-270\/","token":"16.1\/11\/7\/16.1-270","metadata":false},{"id":57857,"structure_id":14442,"section_number":"16.1-271","catch_line":"Subsequent offenses by juvenile","url":"\/16.1-271\/","token":"16.1\/11\/7\/16.1-271","metadata":false},{"id":85077,"structure_id":14442,"section_number":"16.1-272","catch_line":"Power of circuit court over juvenile offender","url":"\/16.1-272\/","token":"16.1\/11\/7\/16.1-272","metadata":false},{"id":74910,"structure_id":14442,"section_number":"16.1-272.1","catch_line":"Claim of error to be raised within one year","url":"\/16.1-272.1\/","token":"16.1\/11\/7\/16.1-272.1","metadata":false}],"previous_section":{"id":83230,"structure_id":14442,"section_number":"16.1-269.5","catch_line":"Placement of juvenile","url":"\/16.1-269.5\/","token":"16.1\/11\/7\/16.1-269.5","metadata":false},"next_section":{"id":85877,"structure_id":14442,"section_number":"16.1-270","catch_line":"Waiver of jurisdiction of juvenile court in certain cases","url":"\/16.1-270\/","token":"16.1\/11\/7\/16.1-270","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-269.6\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapters 859<\/a> and 949<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1996, chapters 755<\/a> and 914<\/a>; in 1997, chapter 862<\/a>; in 2003, chapter 144<\/a>; in 2004, chapter 468<\/a>; in 2010, chapter 739<\/a>.<\/p>","references":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":56829,"section_number":"16.1-249","catch_line":"Places of confinement for juveniles","order_by":null,"url":"\/16.1-249\/"},{"id":74910,"section_number":"16.1-272.1","catch_line":"Claim of error to be raised within one year","order_by":null,"url":"\/16.1-272.1\/"},{"id":68027,"section_number":"16.1-275","catch_line":"Physical and mental examinations and treatment; nursing and medical care","order_by":null,"url":"\/16.1-275\/"},{"id":76101,"section_number":"16.1-280","catch_line":"Commitment of juveniles with mental illness or intellectual disability","order_by":null,"url":"\/16.1-280\/"}],"refers_to":[{"id":66829,"section_number":"16.1-269.1","catch_line":"Trial in circuit court; preliminary hearing; direct indictment; remand","order_by":null,"url":"\/16.1-269.1\/"},{"id":55813,"section_number":"16.1-269.2","catch_line":"Admissibility of statement; investigation and report; bail","order_by":null,"url":"\/16.1-269.2\/"},{"id":87118,"section_number":"16.1-269.3","catch_line":"Retention by juvenile court; appeal","order_by":null,"url":"\/16.1-269.3\/"},{"id":65791,"section_number":"16.1-269.4","catch_line":"Transfer to circuit court; appeal by juvenile","order_by":null,"url":"\/16.1-269.4\/"},{"id":57795,"section_number":"19.2-243","catch_line":"Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions","order_by":null,"url":"\/19.2-243\/"}],"permalink":{"id":161699,"object_type":"law","relational_id":72657,"identifier":"16.1-269.6","token":"16.1\/11\/7\/16.1-269.6","url":"\/16.1-269.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-269.6\/","token":"16.1\/11\/7\/16.1-269.6","dublin_core":{"Title":"Circuit court hearing; jury; termination of juvenile court jurisdiction; objections and appeals","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-269.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Within seven days after receipt of notice of an appeal<\/span> from the transfer decision pursuant to subsection A of § 16.1-269.1<\/a>, by either the attorney for the Commonwealth or the juvenile, or if an appeal<\/span> to such a decision to transfer is not noted, upon expiration of the time in which to note such an appeal<\/span>, the clerk of the court<\/span> shall forward to the circuit<\/span> court all papers connected with the case, including any report required by subsection B of § 16.1-269.2<\/a>, as well as a written court order<\/span> setting forth the reasons for the juvenile court<\/span>’s decision. Within seven days after receipt of notice of an appeal<\/span>, the clerk shall forward copies of the order to the attorney for the Commonwealth and other counsel<\/span> of record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The circuit<\/span> court, when practicable, shall, within 45 days after receipt of the case from the juvenile court<\/span> pursuant to subsection A of § 16.1-269.1<\/a>, (i) if either the juvenile or the attorney for the Commonwealth has appealed the transfer decision, examine all such papers, reports and orders<\/span> and conduct a hearing<\/span> to take further evidence<\/span> on the issue<\/span> of transfer, to determine if there has been substantial compliance with subsection A of § 16.1-269.1<\/a>, but without redetermining whether the juvenile court<\/span> had sufficient evidence<\/span> to find probable cause<\/span>; and (ii) enter an order either remanding the case to the juvenile court<\/span> or advising the attorney for the Commonwealth that he may seek an indictment<\/span>. A juvenile held continuously in secure detention shall be released from confinement if there is no hearing<\/span> on the merits of his case within 45 days of the filing of the appeal<\/span>. The circuit<\/span> court may extend the time limitations for a reasonable period of time based upon good cause shown, provided the basis for such extension is recorded in writing and filed among the papers of the proceedings. However, in cases where a charge has been certified by the juvenile court<\/span> to the grand jury<\/span> pursuant to subsection B or C of § 16.1-269.1<\/a>, the attorney for the Commonwealth may seek an indictment<\/span> upon such charge and any ancillary charge<\/span> without obtaining an order of the circuit<\/span> court advising him that he may do so. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The circuit<\/span> court order<\/span> advising the attorney for the Commonwealth that he may seek an indictment<\/span> shall divest the juvenile court<\/span> of its jurisdiction<\/span> over the case as well as the juvenile court<\/span>’s jurisdiction<\/span> over any other allegations<\/span> of delinquency arising from the same act, transaction or scheme giving rise to the charge for which the juvenile has been transferred. In addition, upon conviction<\/span> of the juvenile following transfer or certification and trial<\/span> as an adult<\/span>, the circuit<\/span> court shall issue<\/span> an order terminating the juvenile court<\/span>’s jurisdiction<\/span> over that juvenile with respect to any future criminal acts alleged to have been committed by such juvenile and with respect to any pending allegations<\/span> of delinquency which have not been disposed of by the juvenile court<\/span> at the time of the criminal conviction<\/span>. However, such an order terminating the juvenile court<\/span>’s jurisdiction<\/span> shall not apply to any allegations<\/span> of criminal conduct that would properly be within the jurisdiction<\/span> of the juvenile and domestic relations district court if the defendant<\/span> were an adult<\/span>. Upon receipt of the order terminating the juvenile court<\/span>’s jurisdiction<\/span> over the juvenile, the clerk of the juvenile court<\/span> shall forward any pending petitions<\/span> of delinquency for proceedings in the appropriate general district court. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The judge<\/span> of the circuit<\/span> court who reviewed the case after receipt from the juvenile court<\/span> shall not, over the objection of any interested party<\/span>, preside over the trial<\/span> of such charge or charges. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any objection to the jurisdiction<\/span> of the circuit<\/span> court pursuant to this article shall be waived if not made before arraignment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The time period beginning with the filing of a notice of appeal<\/span> pursuant to § 16.1-269.3<\/a> or § 16.1-269.4<\/a> and ending with the order of the circuit<\/span> court disposing of the appeal shall not be included as applying to the provisions of § 19.2-243<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIRCUIT COURT HEARING; JURY; TERMINATION OF JUVENILE COURT JURISDICTION;\nOBJECTIONS AND APPEALS (\u00a7 16.1-269.6)\n\nA. Within seven days after receipt of notice of an appeal from the transfer\ndecision pursuant to subsection A of § 16.1-269.1, by either the attorney\nfor the Commonwealth or the juvenile, or if an appeal to such a decision to\ntransfer is not noted, upon expiration of the time in which to note such an\nappeal, the clerk of the court shall forward to the circuit court all papers\nconnected with the case, including any report required by subsection B of §\n16.1-269.2, as well as a written court order setting forth the reasons for the\njuvenile court’s decision. Within seven days after receipt of notice of an\nappeal, the clerk shall forward copies of the order to the attorney for the\nCommonwealth and other counsel of record.\n\nB. The circuit court, when practicable, shall, within 45 days after receipt of\nthe case from the juvenile court pursuant to subsection A of § 16.1-269.1,\n(i) if either the juvenile or the attorney for the Commonwealth has appealed the\ntransfer decision, examine all such papers, reports and orders and conduct a\nhearing to take further evidence on the issue of transfer, to determine if there\nhas been substantial compliance with subsection A of § 16.1-269.1, but\nwithout redetermining whether the juvenile court had sufficient evidence to find\nprobable cause; and (ii) enter an order either remanding the case to the\njuvenile court or advising the attorney for the Commonwealth that he may seek an\nindictment. A juvenile held continuously in secure detention shall be released\nfrom confinement if there is no hearing on the merits of his case within 45 days\nof the filing of the appeal. The circuit court may extend the time limitations\nfor a reasonable period of time based upon good cause shown, provided the basis\nfor such extension is recorded in writing and filed among the papers of the\nproceedings. However, in cases where a charge has been certified by the juvenile\ncourt to the grand jury pursuant to subsection B or C of § 16.1-269.1, the\nattorney for the Commonwealth may seek an indictment upon such charge and any\nancillary charge without obtaining an order of the circuit court advising him\nthat he may do so.\n\nC. The circuit court order advising the attorney for the Commonwealth that he\nmay seek an indictment shall divest the juvenile court of its jurisdiction over\nthe case as well as the juvenile court’s jurisdiction over any other\nallegations of delinquency arising from the same act, transaction or scheme\ngiving rise to the charge for which the juvenile has been transferred. In\naddition, upon conviction of the juvenile following transfer or certification\nand trial as an adult, the circuit court shall issue an order terminating the\njuvenile court’s jurisdiction over that juvenile with respect to any\nfuture criminal acts alleged to have been committed by such juvenile and with\nrespect to any pending allegations of delinquency which have not been disposed\nof by the juvenile court at the time of the criminal conviction. However, such\nan order terminating the juvenile court’s jurisdiction shall not apply to\nany allegations of criminal conduct that would properly be within the\njurisdiction of the juvenile and domestic relations district court if the\ndefendant were an adult. Upon receipt of the order terminating the juvenile\ncourt’s jurisdiction over the juvenile, the clerk of the juvenile court\nshall forward any pending petitions of delinquency for proceedings in the\nappropriate general district court.\n\nD. The judge of the circuit court who reviewed the case after receipt from the\njuvenile court shall not, over the objection of any interested party, preside\nover the trial of such charge or charges.\n\nE. Any objection to the jurisdiction of the circuit court pursuant to this\narticle shall be waived if not made before arraignment.\n\nF. The time period beginning with the filing of a notice of appeal pursuant to\n§ 16.1-269.3 or § 16.1-269.4 and ending with the order of the circuit\ncourt disposing of the appeal shall not be included as applying to the\nprovisions of § 19.2-243.\n\nHISTORY: 1994, cc. 859, 949; 1996, cc. 755, 914; 1997, c. 862; 2003, c. 144;\n2004, c. 468; 2010, c. 739.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}