Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 16

Jurisdiction of Criminal Division

16. Jurisdiction of Criminal Division



(1) The Criminal Division has jurisdiction-

   (a)  to hear and determine all charges against children for summary
        offences; and

   (b)  subject to section 134, to hear and determine summarily all charges
        against children for indictable offences, 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

   (c)  to conduct committal proceedings into all charges against children for
        indictable offences and either-

   (i)  direct the defendant to be tried and order that the defendant be
        remanded in custody until trial or grant bail; or

   (ii) discharge the defendant; and

   (d)  to grant or refuse bail to, or extend, vary or revoke the bail of, a
        child who is charged with an offence; and

   (e)  subject to Part 4, to deal with a breach of a sentencing order or
        variation of a sentencing order.

(2) The Criminal Division has the jurisdiction referred to in sub-section (1)
despite anything to the contrary in any other Act.

(3) The jurisdiction given by sub-section (1) is additional to any other
jurisdiction given to the Criminal Division by or under this or any other Act.

(4) If before or during the hearing of a charge for an offence it appears to
the Children's Court that the defendant is not a child, the Court must
discontinue the proceeding and order that it be transferred to the
Magistrates' Court and in the meantime it may-

   (a)  permit the defendant to go at large; or

   (b)  grant the defendant bail conditioned for the appearance of the
        defendant before the Magistrates' Court at the time and place at which
        the proceeding is to be heard; or

   (c)  remand the defendant in prison or a police gaol or in accordance with
        section 49 of the Magistrates' Court Act 1989 until the proceeding is
        heard by the Magistrates' Court.

(5) Despite sub-section (4), if before or during the hearing of a charge for
an offence it appears to the Children's Court that the defendant is of or
above the age of 19 years but was a child when the proceeding for the offence
was commenced in the Court, the Court must hear and determine the charge
unless at any stage the Court considers that exceptional circumstances exist,
having regard to-

   (a)  the age of the defendant;

   (b)  the nature and circumstances of the alleged offence;

   (c)  the stage of the proceeding;

   (d)  whether the defendant is the subject of another proceeding in any
        other court;

   (e)  any delay in the hearing of the charge and the reason for the delay;

   (f)  whether the sentencing orders available to the Court are appropriate;

   (g)  whether the defendant prefers the charge to be heard in the Children's
        Court or the Magistrates' Court;

   (h)  any other matter that the Court considers relevant.

(6) If the Court considers that exceptional circumstances exist under
sub-section (5), the Court must discontinue the proceeding and order that it
be transferred to the Magistrates' Court and in the meantime it may-

   (a)  permit the defendant to go at large; or

   (b)  grant the defendant bail conditioned for the appearance of the
        defendant before the Magistrates' Court at the time and place at which
        the proceeding is to be heard; or

   (c)  remand the defendant in prison or a police gaol or in accordance with
        section 49 of the Magistrates' Court Act 1989 until the proceeding is
        heard by the Magistrates' Court.