160Transfer of proceeding from Magistrates' Court to Children's Court

160 Transfer of proceeding from Magistrates' Court to Children's Court

(1) The Magistrates' Court must discontinue a criminal proceeding and order that it be transferred to the Children's Court if at any stage in the proceeding the Magistrates' Court is satisfied that—

(a) the accused is a child; or

(b) the accused was a child when the proceeding was commenced.

(2) For the purposes of subsection (1)—

(a) the accused bears the burden of proof; and

(b) the standard of proof is the balance of probabilities.

(3) If a proceeding is transferred to the Children's Court under subsection (1), the Magistrates' Court may, for the period until the proceeding is heard by the Children's Court—

(a) permit the accused to go at large; or

(b) grant the accused bail conditioned for the appearance of the accused before the Children's Court at the time and place at which the proceeding is to be heard; or

(c) remand the accused in a youth justice custodial centre.

(4) In exercising a power conferred by subsection (3)(b) or (c), the Magistrates' Court must exercise the power in accordance with this Act as if it were the Children's Court.

Division 3—Referral to early diversion group conference