sec.108Committal or committal proceeding for joint trial with another person

### sec.108 Committal or committal proceeding for joint trial with another person Before a Childrens Court magistrate starts to hear and decide summarily a charge against a child for an indictable offence other than a serious offence, the prosecution may apply to the court for the proceeding to be conducted or continued as a committal proceeding for the purpose of having the child tried on indictment with another person. Before a Childrens Court magistrate commits a child for trial before a Childrens Court judge on a charge of a serious offence, the prosecution may apply to the court for the child to be instead committed for trial to another court of competent jurisdiction for the purpose of having the child tried on indictment with another person. On application under subsection (1) or (2) , if the magistrate is satisfied that— the child may lawfully be charged in an indictment in which the other person will also be charged; and if the child were so charged it is unlikely an application would be granted resulting in the child’s trial being had separately from the other person; and in all the circumstances, including the relevant principles of this Act, the application should be granted; the magistrate may grant the application and deal with the proceedings as requested. s 108 prev s 108 amd 1999 No. 19 s 3 sch pres s 108 sub 2002 No. 39 s 28 amd 2007 No. 38 s 145 (sec.108-ssec.1) Before a Childrens Court magistrate starts to hear and decide summarily a charge against a child for an indictable offence other than a serious offence, the prosecution may apply to the court for the proceeding to be conducted or continued as a committal proceeding for the purpose of having the child tried on indictment with another person. (sec.108-ssec.2) Before a Childrens Court magistrate commits a child for trial before a Childrens Court judge on a charge of a serious offence, the prosecution may apply to the court for the child to be instead committed for trial to another court of competent jurisdiction for the purpose of having the child tried on indictment with another person. (sec.108-ssec.3) On application under subsection (1) or (2) , if the magistrate is satisfied that— the child may lawfully be charged in an indictment in which the other person will also be charged; and if the child were so charged it is unlikely an application would be granted resulting in the child’s trial being had separately from the other person; and in all the circumstances, including the relevant principles of this Act, the application should be granted; the magistrate may grant the application and deal with the proceedings as requested. - (a) the child may lawfully be charged in an indictment in which the other person will also be charged; and - (b) if the child were so charged it is unlikely an application would be granted resulting in the child’s trial being had separately from the other person; and - (c) in all the circumstances, including the relevant principles of this Act, the application should be granted;