Youth Justice Act 1992

Subject to section 77, before evidence is adduced at the proceeding, the court must explain to the child and any parent of the child who is present the child’s right of election mentioned in subsection (2).

The child may elect—

to have the proceeding conducted as a committal proceeding; or

to have the proceeding conducted as a hearing and deciding of the charge summarily by the court.

The court must also explain to the child and any parent of the child who is present that—

after all the evidence to be offered in the proceeding on the part of the prosecution has been adduced; and

the court is of the opinion that the evidence is sufficient to put the child on trial for an indictable offence other than a serious offence;

to have the proceeding conducted as a committal proceeding; or

to have the committal proceeding discontinued and any further proceeding conducted as a hearing and deciding of the charge summarily by the court.

The court must then ask the child whether the child consents to having the charge heard and decided summarily by the court.

If the child consents, the court must proceed to hear and decide the charge summarily.

If the child does not give the consent mentioned in subsection (4), the proceeding must be conducted as a committal proceeding, subject to divisions 3 and 4.