31Hearing of charges in the Children’s Court

31 Hearing of charges in the Children’s Court

31 Hearing of charges in the Children’s Court

(1) If a person is charged before the Children’s Court with an offence (whether indictable or otherwise) other than a serious children’s indictable offence, the proceedings for the offence shall be dealt with summarily.

(2) Notwithstanding subsection (1)—

(a) if a person is charged before the Children’s Court with an indictable offence (other than an offence that is punishable summarily without the consent of the accused), and

(b) if the person informs the Children’s Court (at any time during, or at the close of, the case for the prosecution) that the person wishes to take his or her trial according to law,

the proceedings for the offence must not be dealt with summarily but are to be dealt with as committal proceedings in accordance with Division 3A.

(2A) If a person makes a request under subsection (2) before the close of the case for the prosecution, the proceedings are to continue as summary proceedings for the purpose only of completing all of the evidence for the prosecution.

(2B) The Children’s Court must discharge a person who makes a request under subsection (2) in relation to an offence if it is of the opinion, after all the evidence for the prosecution has been taken, and having regard to all the evidence before the Court, that the evidence is not capable of satisfying a reasonable jury beyond reasonable doubt that the person has committed an indictable offence.

(3) Notwithstanding subsection (1)—

(a) if a person is charged before the Children’s Court with an indictable offence, and

(b) if the Children’s Court states that it is of the opinion, after all the evidence for the prosecution has been taken—

(i) that, having regard to all the evidence before the Children’s Court, the evidence is capable of satisfying a jury beyond reasonable doubt that the person has committed an indictable offence, and

(ii) that the charge may not properly be disposed of in a summary manner,

the proceedings for the offence must not be dealt with summarily but are to be dealt with as committal proceedings in accordance with Division 3A.

(3A) Notwithstanding subsection (1), if a person is charged before the Children’s Court with a child sexual assault offence, and the prosecution requests that the proceedings be dealt with according to law (and not summarily) in accordance with Division 3AA, the proceedings are to be dealt with as provided for by that Division.