Judge may delegate sentencing power to magistrate
185 Judge may delegate sentencing power to magistrate
This section applies if—
a proceeding in which a child may be sentenced for an offence is before a Childrens Court magistrate; and
the Childrens Court magistrate considers that an appropriate sentence would be beyond the jurisdiction of the Childrens Court magistrate because of the limit to the jurisdiction set out in section 175(1)(d) or (g).
The magistrate may request a Childrens Court judge to delegate to the magistrate the power to impose a sentence that, under section 175(1), may only be made if a judge constitutes the sentencing court.
The Childrens Court judge has jurisdiction to delegate the power.
The delegation must be made before any evidence is heard, plea entered or election made, unless the child—
is represented by a lawyer; and
consents to a delegation happening at a later time.
The request and delegation may be made informally, including by any form of distance communication.
The magistrate must inform the child of the delegation.
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