38IConstitution of Children's Court

38I Constitution of Children's Court (1) If the question of the fitness of a child to stand trial arises or the defence of mental impairment is raised in a proceeding in the Children's Court— (a) if the offence is punishable by level 2 imprisonment (25 years maximum), the Children's Court must be constituted by the President or, if the President is unavailable, a magistrate nominated by the President; or (b) in any other case, the Children's Court must be constituted by the President or a magistrate. (2) Section 504(8) of the **Children, Youth and Families Act 2005** does not apply to a proceeding referred to in subsection (1). S. 38J