Magistrates Court Act 1930
291GChildrens Court may send cases to Supreme Court for
Start here
Get a plain-English read of 291G
Turn the raw legal text into a practical explanation grounded in Magistrates Court Act 1930.
291G Childrens Court may send cases to Supreme Court for sentencing (1) This section applies if the Childrens Court convicts a person of an indictable offence. (2) The Childrens Court may, by order, commit the person to the Supreme Court for sentence if satisfied that— (a) sentence should be passed on the person by the Supreme Court because of the character and history of the person; or (b) the sentence that is likely to be appropriate is a sentence the Childrens Court does not have power to impose. (3) In deciding whether to make an order under subsection (2) (a), the Childrens Court must consider any report provided under the Court Procedures Act 2004, section 74D (Court may order report about young person). (4) If the Childrens Court makes an order under subsection (2), the Supreme Court may deal with the person as if the person had been convicted of the offence in the Supreme Court. (5) Also, if the Childrens Court makes an order under subsection (2), the Childrens Court must, if the person has been charged with a back-up or related offence, deal with the back-up or related offence in accordance with section 94 (2) (Discharge or committal for trial) in the same way as a person who is committed for trial under that section.
291GA Warrumbul Court The Childrens Court is known as the Warrumbul Court when it is sitting to provide circle sentencing. 291GB Directions about procedure for Warrumbul Court (1) The Childrens Court may give a direction in relation to the procedure to be followed in relation to circle sentencing for certain Aboriginal or Torres Strait Islander offenders, and any other relevant matter in relation to circle sentencing. (2) To remove any doubt, a direction mentioned in subsection (1) is not taken to limit the Childrens Court’s discretion in sentencing an offender. (3) Nothing in this section limits the Childrens Court’s power to give a direction under section 309 (Directions about procedure).
The Family Violence Court Chapter 4B Preliminary Part 4B.1