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.
Author: former Magistrate Peter Power
Place of Publication: Melbourne, Australia
Publisher: Children's Court of Victoria
Date of Publication: 1 July 2020
Number of Pages: 71
Copyright: State of Victoria, 2020