sec.102When a jury is not required

### sec.102 When a jury is not required Subject to section 105 , a Childrens Court judge must sit without a jury to try a child for an indictable offence if— for a committal charge— the child elected under section 98 (2) (a) to be committed for trial before the judge sitting without a jury and has not withdrawn the election under section 103 (3) ; or the child elected under section 98 (2) (b) to be committed for trial before the judge sitting with a jury, but has elected under section 103 (4) to be tried before the judge sitting without a jury; or the child was committed to be tried before a judge sitting with a jury under section 98 (5) , but has elected under section 103 (5) to be tried before the judge sitting without a jury; or for a charge other than a committal charge the child elects under section 104 to be tried by the judge sitting without a jury. In this section— committal charge means a charge on which a child is committed for trial or sentence before a Childrens Court judge, and includes a charge arising out of the same, or the same set of, circumstances. s 102 sub 2002 No. 39 s 26 (sec.102-ssec.1) Subject to section 105 , a Childrens Court judge must sit without a jury to try a child for an indictable offence if— for a committal charge— the child elected under section 98 (2) (a) to be committed for trial before the judge sitting without a jury and has not withdrawn the election under section 103 (3) ; or the child elected under section 98 (2) (b) to be committed for trial before the judge sitting with a jury, but has elected under section 103 (4) to be tried before the judge sitting without a jury; or the child was committed to be tried before a judge sitting with a jury under section 98 (5) , but has elected under section 103 (5) to be tried before the judge sitting without a jury; or for a charge other than a committal charge the child elects under section 104 to be tried by the judge sitting without a jury. (sec.102-ssec.2) In this section— committal charge means a charge on which a child is committed for trial or sentence before a Childrens Court judge, and includes a charge arising out of the same, or the same set of, circumstances. - (a) for a committal charge— (i) the child elected under section 98 (2) (a) to be committed for trial before the judge sitting without a jury and has not withdrawn the election under section 103 (3) ; or (ii) the child elected under section 98 (2) (b) to be committed for trial before the judge sitting with a jury, but has elected under section 103 (4) to be tried before the judge sitting without a jury; or (iii) the child was committed to be tried before a judge sitting with a jury under section 98 (5) , but has elected under section 103 (5) to be tried before the judge sitting without a jury; or - (i) the child elected under section 98 (2) (a) to be committed for trial before the judge sitting without a jury and has not withdrawn the election under section 103 (3) ; or - (ii) the child elected under section 98 (2) (b) to be committed for trial before the judge sitting with a jury, but has elected under section 103 (4) to be tried before the judge sitting without a jury; or - (iii) the child was committed to be tried before a judge sitting with a jury under section 98 (5) , but has elected under section 103 (5) to be tried before the judge sitting without a jury; or - (b) for a charge other than a committal charge the child elects under section 104 to be tried by the judge sitting without a jury. - (i) the child elected under section 98 (2) (a) to be committed for trial before the judge sitting without a jury and has not withdrawn the election under section 103 (3) ; or - (ii) the child elected under section 98 (2) (b) to be committed for trial before the judge sitting with a jury, but has elected under section 103 (4) to be tried before the judge sitting without a jury; or - (iii) the child was committed to be tried before a judge sitting with a jury under section 98 (5) , but has elected under section 103 (5) to be tried before the judge sitting without a jury; or