Youth Justice Act 1992

If the child is represented by a lawyer, then, before ordering the child to be committed to be tried under the Justices Act 1886, section 108, 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 be committed to be tried before the Childrens Court judge sitting without a jury; or

to be committed to be tried before the Childrens Court judge sitting with a jury.

After the explanation, the court must then ask the child whether the child consents to being tried before the Childrens Court judge sitting without a jury.

If the child consents, the court must order the child to be committed to be tried by the Childrens Court judge without a jury.

If the child—

is not represented by a lawyer; or

if represented by a lawyer—does not give the consent mentioned in subsection (4);