Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 134

Procedure for indictable offences triable summarily

134. Procedure for indictable offences triable summarily



(1) If a child is charged before the Court with an indictable offence, other
than murder, attempted murder, manslaughter, defensive homicide, 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-

   (a)  is charged before the Court with an indictable offence, other than
        murder, attempted murder, manslaughter, defensive homicide, 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.

(3) If a child is charged before the Court with an indictable offence, other
than murder, attempted murder, manslaughter, defensive homicide, 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

   (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.

(4) If a child charged before the Court with an indictable offence, other than
murder, attempted murder, manslaughter, defensive homicide, 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 sub-section (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.









Division 5-Standard of Proof