Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMINAL PROCEDURE ACT 2009 - SECT 168A

Category A and Category B serious youth offences—transfer

    (1)     Despite section 168(2), the court may, under section 168(1), transfer a charge in respect of an accused who is a child to the Children's Court if—

S. 168A(1)(a) amended by No. 16/2020 s. 18.

        (a)     the charge is for a Category A serious youth offence committed when the child was aged 16 years or over, other than murder, attempted murder, manslaughter, child homicide, homicide by firearm, an offence against section 197A of the Crimes Act 1958 (arson causing death) or an offence against section 318 of the Crimes Act 1958 (culpable driving causing death); and

        (b)     the Children's Court has refused to hear and determine the charge summarily; and

        (c)     the child or the prosecution requests that the charge be heard and determined summarily; and

        (d)     the court is satisfied that the sentencing options available to the Children's Court under the Children, Youth and Families Act 2005 are adequate to respond to the child's offending; and

        (e)     any of the following applies—

              (i)     it is in the interests of the victim or victims that the charge be heard and determined summarily;

              (ii)     the accused is particularly vulnerable because of cognitive impairment or mental illness;

              (iii)     there is a substantial and compelling reason why the charge should be heard and determined summarily.

    (2)     In determining whether there is a substantial and compelling reason why the charge should be heard and determined summarily, the court must have regard to the intention of the Parliament that a charge for a Category A serious youth offence should not normally be heard and determined summarily.

    (3)     Despite section 168(2), the court may, under section 168(1), transfer a charge to the Children's Court if the charge is for a Category B serious youth offence committed when the child was aged 16 years or over, after considering whether section 356(3) of the Children, Youth and Families Act 2005 has the effect that the offence should not be heard and determined summarily.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback