Transitional provision for current pt 4, divs 2–5
331 Transitional provision for current pt 4, divs 2–5
This section applies to a committal proceeding, after the relevant commencement, in which a child appears charged with an indictable offence before a Childrens Court magistrate if, before the relevant commencement, evidence had already been adduced in the proceeding.
If all the evidence to be adduced by the prosecution (the prosecution evidence) had not been adduced before the relevant commencement—
the proceeding must continue under current part 4 until all the prosecution evidence has been adduced; and
after all the prosecution evidence has been adduced, the proceeding must continue under the new part 6, divisions 3 to 7.
New part 6, division 4 applies without exception, as provided under section 330.
If all the prosecution evidence had been adduced before the relevant commencement, but all the evidence to be adduced at the proceeding has not been adduced—
the proceeding must continue under current part 4 until all the evidence has been adduced; and
after all the evidence has been adduced, the proceeding must continue under the new part 6, divisions 5 to 7.
If a child has been committed to be tried or sentenced before any court before the relevant commencement, current part 4 continues to apply to the proceedings before that court.
In this section—
relevant commencement, means the commencement of section 26 of the amending Act.
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