Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 88

88 Explanation of election at end of prosecution case

(1) Subject to subsection (6) and section 77 , the court must explain to the child, and any parent present in the court, the child’s right of election mentioned in subsection (2) .

(2) The child may elect—

(a) to have the proceeding continue as a committal proceeding; or

(b) to have the committal proceeding discontinued and any further proceeding conducted as a hearing and deciding of the charge summarily by the court.

(3) The court must then ask the child whether the child consents to having the charge heard and decided summarily by the court.

(4) If the child consents, the court must discontinue the committal proceeding and proceed to hear and decide the charge summarily.

(5) If the child does not give the consent mentioned in subsection (4) , the proceeding must continue as a committal proceeding.

(6) The court may, but need not, follow the process under subsections (1) to (5) if the child has already declined to give consent under section 83 for the charge to be heard and decided summarily.