Court to refrain from inappropriate summary hearing of indictable offence
77 Court to refrain from inappropriate summary hearing of indictable offence
This section applies if a Childrens Court magistrate (the court) has jurisdiction to hear and determine summarily a charge against a child of an indictable offence (subject to the consent of the child).
The court must refrain from exercising the jurisdiction unless it is satisfied that the charge can be adequately dealt with summarily by the court.
The court may initially decide to exercise the jurisdiction on submissions made by the parties.
If at any stage of the proceeding the court decides that the charge can not be adequately dealt with summarily by the court, any further proceeding before the court must be conducted as a committal proceeding.
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