155Placement of child in custody

155 Placement of child in custody

(1) A child who is remanded in custody by a court or bail justice must be placed in a youth justice custodial centre unless—

(a) an order under subsection (2) applies; or

(b) the child is temporarily held or detained in a police gaol for no more than 2 working days for the purposes of facilitating the transportation of the child to or from a court or a youth justice custodial centre.

(2) A court or bail justice may order that a child be remanded in a police gaol if—

(a) the period of remand is not more than 2 working days; and

(b) the proper venue of the court is in a prescribed region of the State.

(3) A child to whom bail may be granted only by a court and who is detained in police custody pending being brought before the Children's Court must be placed in a youth justice custodial centre unless—

(a) the child is detained in a police gaol for no more than 2 working days and the proper venue of the Children's Court is in a prescribed region of the State; or

(b) the child is temporarily held or detained in a police gaol for no more than 2 working days for the purposes of facilitating the transportation of the child to or from a court or a youth justice custodial centre.

See Part 11.1 in relation to the rights of a child who is held in custody in a police gaol.

Chapter 6—Conduct of a proceeding

Part 6.1—Proceedings generally

Division 1—Procedure for indictable offences

156 How Children's Court must deal with indictable offences

(1) If a child is charged before the Children's Court with an indictable offence, the Court must hear and determine the charge summarily unless—

(a) the charge is for any of the following indictable offences for which the Court has no jurisdiction to hear and determine summarily—

(i) murder;

(ii) attempted murder;

(iii) manslaughter;

(iv) child homicide;

(v) homicide by firearm;

S. 156 (1)(a)(va) inserted by No. 54/2025 s. 19(1).

(va) a designated offence committed when the child was aged 15 years or over;

(vi) an offence against section 197A of the Crimes Act 1958 (arson causing death);

(vii) an offence against section 318 of the Crimes Act 1958 (culpable driving causing death); or

(b) before the hearing of evidence, the child objects to the charge being heard and determined summarily; or