ACTIn ForceAct
Magistrates Court Act 1930
291GChildrens Court may send cases to Supreme Court for
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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