Victorian Current Acts Victorian Current ActsS. 356(1) amended by Nos 7/2008 ss 7(1)(a), 8(a), 63/2014 s. 5(1)(a), 16/2020 s. 12.
(1) If a child is charged before the Court with an indictable offence, 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), the Court must, before the hearing of any evidence, inform the child and his or her parent, if present, that the child may object to the charge being heard and determined summarily.
(2) If the parent of a child who—
S. 356(2)(a) amended by Nos 7/2008 ss 7(1)(a), 8(a), 63/2014 s. 5(1)(b), 16/2020 s. 12.
(a) is charged before the Court with an indictable offence, 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) is under the age of 15 years—
is not present before the Court, the Court may adjourn the hearing of the proceeding for the purpose of securing the parent's attendance or may proceed to hear and determine the proceeding in the parent's absence.
S. 356(3) amended by Nos 7/2008 ss 7(1)(a), 8(a), 63/2014 s. 5(1)(c), 16/2020 s. 12.
(3) If a child is charged before the Court with an indictable offence, 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), the Court must hear and determine the charge summarily unless—
(a) before the hearing of any evidence the child objects; or
S. 356(3)(ab) inserted by No. 43/2017 s. 23(1).
(ab) subsection (6) applies; or
(b) at any stage the Court considers that the charge is unsuitable by reason of exceptional circumstances to be determined summarily—
and the Court must conduct a committal proceeding into the charge and, in the circumstances mentioned in paragraph (b), must give reasons for declining to determine the charge summarily.
S. 356(4) amended by Nos 7/2008 ss 7(1)(a), 8(a), 63/2014 s. 5(1)(d), 16/2020 s. 12.
(4) If a child charged before the Court with an indictable offence, 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), is—
(a) under the age of 15 years; and
(b) not legally represented—
the child's parent may, for the purposes of subsection (3)(a), object on the child's behalf.
(5) If the Court hears and determines summarily a charge against a child for an indictable offence, the Court may find the child not guilty of the offence charged but guilty of having attempted to commit the offence charged.
S. 356(6) inserted by No. 43/2017 s. 23(2), amended by No. 16/2020 s. 12.
(6) If a child is charged before the Court with 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), the Court must not hear and determine the charge summarily unless—
(a) the child or the prosecution requests that the charge be heard and determined summarily; and
(b) the Court is satisfied that the sentencing options available to it under this Act are adequate to respond to the child's offending; and
(c) 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.
S. 356(7) inserted by No. 43/2017 s. 23(2).
(7) 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.
S. 356(8) inserted by No. 43/2017 s. 23(2).
(8) If a child is charged before the Court with a Category B serious youth offence committed when the child was aged 16 years or over, the Court must consider whether subsection (3) has the effect that the offence should not be heard and determined summarily.
S. 356(9) inserted by No. 43/2017 s. 23(2), substituted by No. 3/2018 s. 26(1), amended by No. 8/2019 s. 90(2).
(9) The Children's Court must hear and determine
a charge summarily if it has been transferred to the Court under
section 168 of the Criminal Procedure Act 2009 because of the operation
of section 168A of that Act.
S. 356A inserted by No. 43/2017 s. 5.