Criminal Procedure Act 2009

Despite section 168(2), the court may, under section 168(1), transfer a charge in respect of an accused who is a child to the Children's Court if—

the charge is one that the Children's Court has determined, under section 157A or 157B of the Youth Justice Act 2024, not to hear and determine summarily; and

the child or the prosecution requests that the charge be heard and determined summarily; and

the court is satisfied that the sentencing options available to the Children's Court under the Children, Youth and Families Act 2005 are adequate to respond to the child's offending; and

the court is satisfied that any of the following applies—

it is in the interests of the victim or victims that the charge be heard and determined summarily;

the accused is particularly vulnerable because of cognitive impairment or mental illness;

there is a substantial and compelling reason why the charge should be heard and determined summarily.

In determining whether there is a substantial and compelling reason why the charge should be heard and determined summarily, the court must have regard to the intention of Parliament that the following charges should not normally be heard and determined summarily—

a charge for a designated offence (within the meaning of section 516 of the Children, Youth and Families Act 2005) committed by a child aged 14 years;

a charge for an offence against section 79 of the Crimes Act 1958 (carjacking) committed by a child who was 14 years of age or over.

Despite section 168(2), the court may, under section 168(1), transfer to the Children's Court a charge that the Children's Court has determined, under section 159 of the Youth Justice Act 2024, not to hear and determine summarily if the court is satisfied that there is a substantial and compelling reason why the charge should be heard and determined summarily.