157AIndictable offences that must be uplifted—designated offence committed at 14 years of age

157A Indictable offences that must be uplifted—designated offence committed at 14 years of age

(1) The Children's Court must not hear and determine summarily a charge against a child for a designated offence committed when the child was 14 years of age unless—

(a) the child or the prosecution requests that the charge be heard and determined summarily; and

(b) the Court is satisfied that the sentencing options available to it under this Act are adequate to respond to the child's offending; and

(c) any of the following applies—

(i) it is in the interests of the victim or victims that the charge be heard and determined summarily;

(ii) the accused is particularly vulnerable because of a disability or a mental illness;

(iii) there is a substantial and compelling reason why the charge should be heard and determined summarily.

(2) In determining whether there is a substantial and compelling reason, under subsection (1)(c)(iii), why the charge should be heard and determined summarily, the Children's Court must have regard to the intention of Parliament that a charge for a designated offence committed by a child aged 14 years should not normally be heard and determined summarily.

(3) If the child is under 15 years of age and a parent of the child is not present before the Children's Court, the Court may—

S. 157B inserted by No. 54/2025 s. 20.