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Clause 373 Joint committals

After section 25(2) of the Magistrates' Court Act 1989 insert— "(3) In a particular case, the jurisdiction given by subsection (1)(c) may be exercised concurrently with the jurisdiction of the Children's Court to conduct a committal proceeding if—

(a)the charges against each defendant could properly be joined in the same indictment; and

(b)the defendant who is a child—

(i)is of or over the age of 15 years at the time the proceeding against the child for the offence is commenced; and

(ii)is charged with murder, attempted murder, manslaughter, an offence against section 197A of the Crimes Act 1958 (arson causing death) or an offence against section 318 of the Crimes Act 1958 (culpable driving causing death); and

(c)the Court makes an order under subsection (4) in relation to the defendant who is not a child and the Children's Court makes an order under section 516A(2) of the Children, Youth and Families Act 2005 in relation to the defendant who is a child.

(4)The Court may order that joint committal proceedings in relation to a particular defendant are appropriate having regard to—

(a)the age of the child; and

(b)the effect on victims of the offence charged if the committal proceedings were not conducted jointly; and

(c)the estimated duration of the committal proceedings if conducted jointly; and

(d)the number of witnesses that would be cross-examined by both defendants; and

(e)any other matter considered relevant.

(5)The Court may make an order under subsection (4) on the application of a party or on its own motion.

(6)Each party is entitled to be present and may address the Court when the Court is considering the making of an order under subsection (4).

(7)If the Court makes an order under subsection (4), the Court may adjourn the proceeding for a period not exceeding 28 days to enable the Children's Court to determine whether joint committal proceedings are appropriate in the particular case.

(8)If joint committal proceedings are conducted under subsection (3)— with any necessary modifications to ensure that the joint committal proceedings are conducted fairly and efficiently.".

(a)the Children, Youth and Families Act 2005 applies as far as practicable to the child; and

(b)the Criminal Procedure Act 2008 applies as far as practicable to the other defendant—