sec.103Committal charge—change to jury requirement

### sec.103 Committal charge—change to jury requirement This section applies to a child who has been committed to be tried before a Childrens Court judge. If the child was committed under section 98 (2) (a) , but is not legally represented before the judge, the child must be tried by the judge sitting with a jury. Also, if the child was committed under section 98 (2) (a) , the child may withdraw the child’s election under the section to be tried before a Childrens Court judge sitting without a jury and elect instead to be tried before the judge sitting with a jury. If the child was committed under section 98 (2) (b) to be tried before the judge sitting with a jury and the child is legally represented, the child may withdraw the child’s election under the section and elect instead to be tried before the judge sitting without a jury. If the child was committed to be tried before the judge sitting with a jury under section 98 (5) and the child is legally represented before the judge, the child may elect to be tried before the judge sitting without a jury. An election or withdrawal of election must happen before the child enters a plea to the charge. s 103 ins 2002 No. 39 s 26 (sec.103-ssec.1) This section applies to a child who has been committed to be tried before a Childrens Court judge. (sec.103-ssec.2) If the child was committed under section 98 (2) (a) , but is not legally represented before the judge, the child must be tried by the judge sitting with a jury. (sec.103-ssec.3) Also, if the child was committed under section 98 (2) (a) , the child may withdraw the child’s election under the section to be tried before a Childrens Court judge sitting without a jury and elect instead to be tried before the judge sitting with a jury. (sec.103-ssec.4) If the child was committed under section 98 (2) (b) to be tried before the judge sitting with a jury and the child is legally represented, the child may withdraw the child’s election under the section and elect instead to be tried before the judge sitting without a jury. (sec.103-ssec.5) If the child was committed to be tried before the judge sitting with a jury under section 98 (5) and the child is legally represented before the judge, the child may elect to be tried before the judge sitting without a jury. (sec.103-ssec.6) An election or withdrawal of election must happen before the child enters a plea to the charge.