158Indictable offences to be uplifted if exceptional circumstances exist

158 Indictable offences to be uplifted if exceptional circumstances exist

(1) The Children's Court must not hear and determine summarily a charge against a child for an indictable offence if the Court determines at any stage that the charge is unsuitable by reason of exceptional circumstances to be heard and determined summarily.

(2) Without limiting subsection (1), exceptional circumstances exist if the Children's Court considers that the sentencing options available to it under this Act are inadequate to respond to the child's alleged offending.

(3) In determining whether the sentencing options available to the Children's Court under this Act are adequate to respond to a child's offending, the Court must have regard to the following matters—

(a) the seriousness of the conduct alleged, including the impact on any victims of the conduct and the role of the accused in the conduct;

(b) the nature of the offence concerned;

(c) the age, maturity and stage of development of the child, and any disability or mental illness of the child, at the time the alleged commission of the offence and the time of sentencing;

(d) the seriousness, nature and number of any prior offences committed by the child;

(e) whether the alleged offence was committed while the child was in youth justice custody, on parole or in contravention of an order made under this Act;

(f) any other matter the Court considers relevant.

Example to s. 158(3) inserted by No. 54/2025 s. 21.

If the child has previously committed a number of serious armed robberies or aggravated burglaries, the seriousness, nature and number of those offences.

(4) The Children's Court must give reasons for a determination that a charge is unsuitable by reason of exceptional circumstances to be determined summarily.