159Transfer of indictable offence that is related to uplifted indictable offence

159 Transfer of indictable offence that is related to uplifted indictable offence

(1) The Children's Court must not hear and determine summarily a charge against a child for an indictable offence if—

(a) the child is committed for trial in respect of another indictable offence; and

(b) the offences are related offences.

(2) Despite subsection (1), the Children's Court may hear and determine the charge summarily if the Court determines there is a substantial and compelling reason why it should do so.

(3) For the purposes of subsection (1), an offence is related to another offence if—

(a) the offence is founded on the same facts as the other offence; or

(b) the offences together form, or are part of, a series of offences of the same or similar character.

Example to s. 159 inserted by No. 54/2025 s. 22.

If an aggravated burglary and an armed robbery are part of a series of offences of the same or similar character, those offences are related offences for the purposes of subsection (1).

Division 2—Transfer of proceeding