516Jurisdiction of Criminal Division

516 Jurisdiction of Criminal Division (1) The Criminal Division has jurisdiction— (a) to hear and determine all charges against children for summary offences; and S. 516(1)(b) amended by Nos 7/2008 ss 7(1)(b), 8(b), 63/2014 s. 5(1)(e), 16/2020 s. 13, 54/2025 s. 16(1). (b) subject to section 356, to hear and determine summarily all charges against children for indictable offences, other than murder, attempted murder, manslaughter, child homicide, homicide by firearm, a designated offence committed when the child was aged 15 years or over, 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 Note to s. 516(1)(b) inserted by No. 54/2025 s. 16(2). ***Designated offence*** is defined by subsection (7). (c) to conduct committal proceedings into all charges against children for indictable offences and either— S. 516(1)(c)(i) amended by No. 68/2009 s. 73(1)(a). (i) direct the child to be tried and order that the child be remanded in custody until trial or grant bail; or S. 516(1)(c)(ii) amended by Nos 68/2009 s. 73(1)(a), 5/2025 s. 49. (ii) discharge the child under section 126(4) of the **Criminal Procedure Act 2009**; 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 S. 516(1)(e) amended by No. 68/2009 s. 73(1)(b). (e) subject to Chapter 5, to deal with a breach of a sentence or variation of a sentence. (2) The Criminal Division has the jurisdiction referred to in subsection (1) despite anything to the contrary in any other Act. (3) The jurisdiction given by subsection (1) is additional to any other jurisdiction given to the Criminal Division by or under this or any other Act. S. 516(4) amended by No. 68/2009 s. 73(2)(a). (4) If before or during the hearing of a charge for an offence it appears to the Children's Court that the accused 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— S. 516(4)(a) amended by No. 68/2009 s. 73(2)(a). S. 516(4)(b) amended by No. 68/2009 s. 73(2)(a). (b) grant the accused bail conditioned for the appearance of the accused before the Magistrates' Court at the time and place at which the proceeding is to be heard; or S. 516(4)(c) amended by No. 68/2009 s. 73(2). (c) remand the accused in prison or a police gaol or deal with the accused in accordance with section 333 of the **Criminal Procedure Act 2009** until the proceeding is heard by the Magistrates' Court. S. 516(5) amended by No. 68/2009 s. 73(3)(a). (5) Despite subsection (4), if before or during the hearing of a charge for an offence it appears to the Children's Court that the accused 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— S. 516(5)(a) amended by No. 68/2009 s. 73(3)(a). (a) the age of the accused; (b) the nature and circumstances of the alleged offence; (c) the stage of the proceeding; S. 516(5)(d) amended by No. 68/2009 s. 73(3)(a). (d) whether the accused 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; S. 516(5)(f) amended by No. 68/2009 s. 73(3)(b). (f) whether the sentences available to the Court are appropriate; S. 516(5)(g) amended by No. 68/2009 s. 73(3)(a). (g) whether the accused 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 subsection (5), the Court must discontinue the proceeding and order that it be transferred to the Magistrates' Court and in the meantime it may— S. 516(6)(a) amended by No. 68/2009 s. 73(4)(a). S. 516(6)(b) amended by No. 68/2009 s. 73(4)(a). (b) grant the accused bail conditioned for the appearance of the accused before the Magistrates' Court at the time and place at which the proceeding is to be heard; or S. 516(6)(c) amended by No. 68/2009 s. 73(4). (c) remand the accused in prison or a police gaol or deal with the accused in accordance with section 333 of the **Criminal Procedure Act 2009** until the proceeding is heard by the Magistrates' Court. S. 516(7) inserted by No. 54/2025 s. 16(3). (7) In this section— ***designated offence*** means an offence against any of the following sections of the **Crimes Act 1958**— (a) section 15A (causing serious injury intentionally in circumstances of gross violence); (b) section 15B (recklessly causing serious injury in circumstances of gross violence); (c) section 77A (home invasion); (d) section 77B (aggravated home invasion); (e) section 79A (aggravated carjacking). S. 516A inserted by No. 7/2009 s. 430 (as amended by No. 68/2009 ss 48, 54(p)).