New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 31

31 Hearing of charges in the Children's Court

(1) If a person is charged before the Children's Court with an offence (whether indictable or otherwise) other than a serious children's indictable offence, the proceedings for the offence shall be dealt with summarily.

(2) Notwithstanding subsection (1)--

(a) if a person is charged before the Children's Court with an indictable offence (other than an offence that is punishable summarily without the consent of the accused), and

(b) if the person informs the Children's Court (at any time during, or at the close of, the case for the prosecution) that the person wishes to take his or her trial according to law,

the proceedings for the offence must not be dealt with summarily but are to be dealt with as committal proceedings in accordance with Division 3A.

(2A) If a person makes a request under subsection (2) before the close of the case for the prosecution, the proceedings are to continue as summary proceedings for the purpose only of completing all of the evidence for the prosecution.

(2B) The Children's Court must discharge a person who makes a request under subsection (2) in relation to an offence if it is of the opinion, after all the evidence for the prosecution has been taken, and having regard to all the evidence before the Court, that the evidence is not capable of satisfying a reasonable jury beyond reasonable doubt that the person has committed an indictable offence.

(3) Notwithstanding subsection (1)--

(a) if a person is charged before the Children's Court with an indictable offence, and

(b) if the Children's Court states that it is of the opinion, after all the evidence for the prosecution has been taken--

(i) that, having regard to all the evidence before the Children's Court, the evidence is capable of satisfying a jury beyond reasonable doubt that the person has committed an indictable offence, and

(ii) that the charge may not properly be disposed of in a summary manner,

the proceedings for the offence must not be dealt with summarily but are to be dealt with as committal proceedings in accordance with Division 3A.

(3A) Notwithstanding subsection (1), if a person is charged before the Children's Court with a child sexual assault offence, and the prosecution requests that the proceedings be dealt with according to law (and not summarily) in accordance with Division 3AA, the proceedings are to be dealt with as provided for by that Division.

(3B) If the Children's Court states that it is of the opinion, after taking evidence in accordance with Division 3AA--

(a) that, having regard to all the evidence before the Children's Court, the evidence is capable of satisfying a jury beyond reasonable doubt that the accused person has committed a child sexual assault offence, and

(b) that the charge may not properly be disposed of in a summary manner,

the proceedings for the child sexual assault offence must not be dealt with summarily but are to be dealt with as committal proceedings in accordance with Division 3A.

(3C) If the Children's Court, after taking evidence in accordance with Division 3AA, does not form the opinion referred to in subsection (3B)--

(a) the proceedings for the child sexual assault offence must be dealt with summarily (subject to any other exceptions provided for by this section), and

(b) subsection (3) ceases to apply to the child sexual assault offence.

(4) If, in the circumstances referred to in subsection (3) or (3B), the Children's Court commits a person for trial, the Children's Court shall forthwith furnish to the person a statement of the reasons for its decision to commit the person for trial instead of dealing with the matter summarily.

(5) Notwithstanding subsection (1)--

(a) if a person is charged before the Children's Court with an indictable offence, and

(b) if, at any stage of the proceedings, the person pleads guilty to the charge, and

(c) if the Children's Court states that it is of the opinion that, having regard to all the evidence before it (including any background report of a kind referred to in section 25), the charge may not properly be disposed of in a summary manner,

the proceedings for the offence must not be dealt with summarily but are to be dealt with as committal proceedings in accordance with section 31H.

(6) Notwithstanding subsection (1), when the Children's Court commits to another court for trial or sentence a person who is charged with an indictable offence or a serious children's indictable offence (the
"principal indictable offence" )--

(a) the prosecutor must, if the person has been charged with any back up or related offence to the principal indictable offence, produce to the Children's Court a certificate specifying the back up or related offence, and

(b) the Children's Court may transfer to the other court proceedings for any such back up or related offence.

(7) If a back up or related offence is transferred to another court under subsection (6), the proceedings for such an offence are to be dealt with in accordance with sections 167- 169 of the Criminal Procedure Act 1986 . For that purpose, a reference in those sections to the Local Court is to be construed as a reference to the Children's Court.

(8) In this section--

"back up offence" , in relation to a principal indictable offence, means an offence--

(a) that is a summary offence or an indictable offence that is capable of being dealt with summarily by the Children's Court, and

(b) all the elements of which are elements that are necessary to constitute the principal indictable offence, and

(c) that is to be prosecuted on the same facts as the principal indictable offence.

"child sexual assault offence" has the same meaning as it has in Division 3AA.

"related offence" , in relation to a principal indictable offence, means an offence--

(a) that is a summary offence or an indictable offence that is capable of being dealt with summarily by the Children's Court, and

(b) that arises from substantially the same circumstances as those from which the principal indictable offence has arisen,

but does not include a back up offence.