Chapter 10: Criminal - Procedure

Chapter 10 Criminal - Procedure

This chapter commences with a detailed discussion of those indictable offences committed by children which may be heard and determined summarily.  It summarizes the ‘uplift’ provisions and associated case law pursuant to which - 

• charges for the six ‘death offences’ must proceed; and
• charges for other indictable offences, including Category A & Category B serious youth offences may proceed -

to trial in a superior court via a committal hearing in the Children’s Court. The purposes, nature, hearings, procedure and determination of committal proceedings are discussed.

The chapter then details a large number of aspects of summary proceedings in the Criminal Division, including -

• jurisdiction, hearings and ‘no case’ procedure;
• the doli incapax principle;
• the effect of a therapeutic treatment order or similar voluntary treatment on related criminal proceedings;
• unfitness to be tried and mental impairment;
• Court diversion of a child offender;
• the ROPES program.