Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 93

93 If the offence is an indictable offence other than a serious offence

(1) Subject to section 77 , if the offence to which the child pleads guilty is an indictable offence other than a serious offence, the court must explain to the child, and any parent of the child who is present, the child’s right of election mentioned in subsection (2) .

(2) The child may elect—

(a) to be committed to be sentenced before a court of competent jurisdiction; or

(b) to be sentenced by the Childrens Court magistrate.

(3) The court must then ask the child whether the child consents to being sentenced by the Childrens Court magistrate.

(4) If the child consents, the Childrens Court magistrate must proceed in the same way as is provided under the Justices Act 1886 , section 145 (2) .

(5) If the child does not give the consent mentioned in subsection (4) , the court must order the child to be committed to be sentenced before a court of competent jurisdiction.