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Chapter 10: Criminal - Procedure

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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.
Download Chapter 10 here

Author: former Magistrate Peter Power
Place of Publication: Melbourne, Australia
Publisher: Children's Court of Victoria
Date of Publication: 21 February 2023
Number of Pages: 89
Copyright: State of Victoria, 2021