When a jury is not required
102 When a jury is not required
Subject to section 105, a Childrens Court judge must sit without a jury to try a child for an indictable offence if—
for a committal charge—
the child elected under section 98(2)(a) to be committed for trial before the judge sitting without a jury and has not withdrawn the election under section 103(3); or
the child elected under section 98(2)(b) to be committed for trial before the judge sitting with a jury, but has elected under section 103(4) to be tried before the judge sitting without a jury; or
the child was committed to be tried before a judge sitting with a jury under section 98(5), but has elected under section 103(5) to be tried before the judge sitting without a jury; or
for a charge other than a committal charge the child elects under section 104 to be tried by the judge sitting without a jury.
In this section—
committal charge means a charge on which a child is committed for trial or sentence before a Childrens Court judge, and includes a charge arising out of the same, or the same set of, circumstances.
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