168ACharges returned to Children's Court

168A Charges returned to Children's Court (1) Despite section 168(2), the court may, under section 168(1), transfer a charge in respect of an accused who is a child to the Children's Court if— S. 168A(1)(a) amended by No. 16/2020 s. 18, repealed by No. 54/2025 s. 24(2). S. 168A(1)(b) substituted by No. 54/2025 s. 24(3). (b) the charge is one that the Children's Court has determined, under section 356(6), (7A) or (7C) of the **Children, Youth and Families Act 2005**, not to hear and determine summarily; and (c) the child or the prosecution requests that the charge be heard and determined summarily; and (d) the court is satisfied that the sentencing options available to the Children's Court under the **Children, Youth and Families Act 2005** are adequate to respond to the child's offending; and S. 168A(1)(e) amended by No. 54/2025 s. 24(4). (e) the court is satisfied that any of the following applies— (i) it is in the interests of the victim or victims that the charge be heard and determined summarily; (ii) the accused is particularly vulnerable because of cognitive impairment or mental illness; (iii) there is a substantial and compelling reason why the charge should be heard and determined summarily. S. 168A(2) substituted by No. 54/2025 s. 24(5). (2) In determining whether there is a substantial and compelling reason why the charge should be heard and determined summarily, the court must have regard to the intention of Parliament that the following charges should not normally be heard and determined summarily— (a) a charge for an offence referred to in paragraph (f) of the definition of ***Category A serious youth offence*** in section 3 committed by a child aged 16 years or over; These offences are terrorism and foreign incursion offences. (b) a charge for a designated offence (within the meaning of section 516 of the **Children, Youth and Families Act 2005**) committed by a child aged 14 years; (c) a charge for an offence against section 79 of the **Crimes Act 1958** (carjacking) committed by a child who was 14 years of age or over. S. 168A(3) amended by No. 54/2025 s. 24(6). (3) Despite section 168(2), the court may, under section 168(1), transfer a charge to the Children's Court if the charge is for an offence referred to in paragraph (b) or (c) of the definition of ***Category B serious youth offence*** in section 3 committed when the child was aged 16 years or over, after considering whether section 356(3) of the **Children, Youth and Families Act 2005** has the effect that the offence should not be heard and determined summarily. Note to s. 168A(3) inserted by No. 54/2025 s. 24(7). The offences referred to in paragraphs (b) and (c) of the definition of ***Category B serious youth offence*** in section 3 are rape and rape by compelling sexual penetration. S. 168A(4) inserted by No. 54/2025 s. 24(8). (4) Despite section 168(2), the court may, under section 168(1), transfer to the Children's Court a charge that the Children's Court has determined, under section 356(8A) of the **Children, Youth and Families Act 2005**, not to hear and determine summarily if the court is satisfied that there is a substantial and compelling reason why the charge should be heard and determined summarily.