New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 29

29 Jurisdiction in respect of 2 or more co-defendants who are not all children

(1) If a charge in respect of an offence (whether indictable or otherwise) is made jointly against--

(a) a person in respect of whom the Children's Court has jurisdiction, and

(b) a person in respect of whom the Children's Court does not have jurisdiction,

the Court--

(c) may adjourn the hearing of the charge against the person in respect of whom it has jurisdiction until the charge against the other person has been heard and determined, or

(d) may continue the hearing of the charge against the person in respect of whom it has jurisdiction without any such adjournment.

(1A) In deciding whether to continue the hearing of a charge against a person, the Children's Court shall have regard to the following particular matters--

(a) whether or not the person wishes the hearing of the charge by the Court to continue,

(b) whether or not the person has been released on bail under the Bail Act 2013 ,

(c) the delay in the hearing of the charge that would be likely to result from an adjournment of the hearing,

(d) whether or not to continue hearing the charge is in the interests of justice,

and any other matter that the Court considers relevant.

(2) Without limiting the generality of subsection (1), if a charge in respect of an indictable offence (other than an offence punishable summarily with the consent of the accused) is made jointly against--

(a) a person in respect of whom the Children's Court has jurisdiction, and

(b) a person in respect of whom the Children's Court would not, but for this subsection, have jurisdiction,

the Children's Court may hear and determine committal proceedings in respect of the offence against both of those persons if the Children's Court is of the opinion that it is in the interests of justice to do so.

(4) For the purpose of exercising its functions under subsection (2), the Children's Court--

(a) shall have, and may exercise, the jurisdiction of a Magistrate, and

(b) shall not have, and may not exercise, the jurisdiction of the Children's Court,

as regards the elder of the persons referred to in that subsection.