Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 98

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.