Committal charge—change to jury requirement
103 Committal charge—change to jury requirement
This section applies to a child who has been committed to be tried before a Childrens Court judge.
If the child was committed under section 98(2)(a), but is not legally represented before the judge, the child must be tried by the judge sitting with a jury.
Also, if the child was committed under section 98(2)(a), the child may withdraw the child’s election under the section to be tried before a Childrens Court judge sitting without a jury and elect instead to be tried before the judge sitting with a jury.
If the child was committed under section 98(2)(b) to be tried before the judge sitting with a jury and the child is legally represented, the child may withdraw the child’s election under the section and elect instead to be tried before the judge sitting without a jury.
If the child was committed to be tried before the judge sitting with a jury under section 98(5) and the child is legally represented before the judge, the child may elect to be tried before the judge sitting without a jury.
An election or withdrawal of election must happen before the child enters a plea to the charge.
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