Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Court has
exclusive jurisdiction to hear and determine a charge of an offence alleged to
have been committed by a child.
(1a)
Subsection (1) is subject to this Part and these enactments —
(a) the
Young Offenders Act 1994 Part 5 Division 2;
(b) the
Sentencing Act 1995 sections 78, 84D, 128 and 132.
(2) Notwithstanding
that a person has attained the age of 18 years, the jurisdiction of the
Court extends, and the provisions of this Act apply, to proceedings in respect
of an offence committed, or allegedly committed, by the person before
attaining the age of 18 years.
(2a) In
subsection (2), the reference to proceedings in respect of an offence
includes proceedings relating to an order that the Court made when it dealt
with the offender upon finding the offender guilty of the offence.
(3) In exercising the
jurisdiction conferred by this section, the Court when constituted so as not
to consist of or include a judge is a court of summary jurisdiction, subject
to section 19B(4)(d).
(4) Where it is
provided by any other written law that a person instead of being prosecuted
for a simple offence in a court may elect to suffer a prescribed monetary
penalty in respect of that offence, then, notwithstanding anything in this
Act, a child may so elect.
[(5)-(8) deleted]
(9) Where a child is
before the Supreme Court or the District Court, that court has all the powers
of the Children’s Court of Western Australia in all respects as if the
child had been before that Court.
[Section 19 amended by No. 15 of 1991
s. 10; No. 104 of 1994 s. 224; No. 78 of 1995 s. 12;
No. 27 of 2004 s. 14(3); No. 59 of 2004 s. 68 and 73;
No. 84 of 2004 s. 80.]