157BIndictable offences that must be uplifted—carjacking committed at 14 years of age or over

157B Indictable offences that must be uplifted—carjacking committed at 14 years of age or over

(1) The Children's Court must not hear and determine summarily a charge for an offence against section 79 of the Crimes Act 1958 (carjacking) committed by a child who was 14 years of age or over 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 an offence against section 79 of the Crimes Act 1958 (carjacking) committed when the child was aged 14 years or over 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—