sec.98Election for trial with or without jury

### sec.98 Election for trial with or without jury If the child is represented by a lawyer, then, before ordering the child to be committed to be tried under the Justices Act 1886 , section 108 , the court must explain to the child and any parent of the child who is present the child’s right of election mentioned in subsection (2) . The child may elect— to be committed to be tried before the Childrens Court judge sitting without a jury; or to be committed to be tried before the Childrens Court judge sitting with a jury. After the explanation, the court must then ask the child whether the child consents to being tried before the Childrens Court judge sitting without a jury. If the child consents, the court must order the child to be committed to be tried by the Childrens Court judge without a jury. If the child— is not represented by a lawyer; or if represented by a lawyer—does not give the consent mentioned in subsection (4) ; the court must order the child to be committed to be tried before the Childrens Court judge sitting with a jury. s 98 ins 2002 No. 39 s 26 amd 2004 No. 11 s 596 sch 1 (sec.98-ssec.1) If the child is represented by a lawyer, then, before ordering the child to be committed to be tried under the Justices Act 1886 , section 108 , the court must explain to the child and any parent of the child who is present the child’s right of election mentioned in subsection (2) . (sec.98-ssec.2) The child may elect— to be committed to be tried before the Childrens Court judge sitting without a jury; or to be committed to be tried before the Childrens Court judge sitting with a jury. (sec.98-ssec.3) After the explanation, the court must then ask the child whether the child consents to being tried before the Childrens Court judge sitting without a jury. (sec.98-ssec.4) If the child consents, the court must order the child to be committed to be tried by the Childrens Court judge without a jury. (sec.98-ssec.5) If the child— is not represented by a lawyer; or if represented by a lawyer—does not give the consent mentioned in subsection (4) ; the court must order the child to be committed to be tried before the Childrens Court judge sitting with a jury. - (a) to be committed to be tried before the Childrens Court judge sitting without a jury; or - (b) to be committed to be tried before the Childrens Court judge sitting with a jury. - (a) is not represented by a lawyer; or - (b) if represented by a lawyer—does not give the consent mentioned in subsection (4) ;