771Criminal proceeding on foot

771 Criminal proceeding on foot

(1) If a criminal proceeding is commenced for an offence allegedly committed by a person when the person was 10 or 11 years of age and immediately before the commencement day, the proceeding has not been determined, on the commencement day—

(a) the person is, by virtue of this section, taken to be not guilty of the offence allegedly committed by the person when the person was 10 or 11 years of age; and

(b) subject to subsection (3), if the person is in custody, the person must be unconditionally released.

(2) If a person is, by virtue of this section, taken to be not guilty of an alleged offence—

(a) the court must direct that an entry of not guilty be made on the record in respect of the alleged offence; and

(b) any order made under the Bail Act 1977 in respect of the person for the alleged conduct that constitutes the offence is, by virtue of this section, taken to be set aside.

(3) A person is not required to be unconditionally released under subsection (1)(b) if the person is in custody for an offence committed or allegedly committed by the person when the person was 12 years of age or over.