Child accused of murder
7C Child accused of murder
This section applies where a child accused is in custody for an offence of murder so that under section 15 only a judge of the Children’s Court has power to grant bail.
Where this section applies, the judicial officer referred to in section 7(1) other than a judge of the Children’s Court, shall, whether or not an application for bail is made by the accused or on the accused’s behalf, cause the accused to be taken as soon as is practicable before a judge of the Children’s Court for the purpose of having the accused’s case for bail considered by the judge.
Notwithstanding subsection (2), where —
the duty described in that subsection has been discharged once in relation to a child accused’s case for bail; and
bail has on that occasion been refused by a judge of the Children’s Court,
the accused’s case for bail need not be considered on any subsequent occasion in the same case when the accused’s continued detention may be ordered unless subsection (4) applies.
On a subsequent occasion the accused may apply to the judicial officer who may order the accused’s continued detention for a reconsideration of the accused’s case for bail on the ground that —
new facts have been discovered, new circumstances have arisen or the circumstances have changed since bail was refused on the occasion mentioned in subsection (3); or
the accused failed to adequately present the accused’s case for bail on that occasion.
If the judicial officer is satisfied as to one or more of those grounds the judicial officer shall cause the accused to be taken as soon as is practicable before a judge of the Children’s Court for the purpose of having the accused’s case for bail considered by the judge.
[Section 7C inserted: No. 6 of 2008 s. 9(1); amended: No. 29 of 2008 s. 24(4).]
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