Queensland Consolidated Acts
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YOUTH JUSTICE ACT 1992 - SECT 98
Election for trial with or without jury
98 Election for trial with or without jury
(1) If the child is represented by a lawyer, then, before ordering the child
to be committed to be tried under the Justices Act 1886 , section 108 , 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 tried before the Childrens Court judge
sitting without a jury; or
(b) to be committed to be tried before the
Childrens Court judge sitting with a jury.
(3) After the explanation, the
court must then ask the child whether the child consents to being tried before
the Childrens Court judge sitting without a jury.
(4) If the child consents,
the court must order the child to be committed to be tried by the Childrens
Court judge without a jury.
(5) If the child— (a) is not represented by a
lawyer; or
(b) if represented by a lawyer—does not give the consent
mentioned in subsection (4) ;
the court must order the child to be committed
to be tried before the Childrens Court judge sitting with a jury.
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