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).