New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 18

18 Other indictable offences

(1) A person to whom this Division applies shall, in relation to an indictable offence other than a serious children's indictable offence, be dealt with--

(a) according to law, or

(b) in accordance with Division 4 of Part 3.

(1A) In determining whether a person is to be dealt with according to law or in accordance with Division 4 of Part 3, a court must have regard to the following matters--

(a) the seriousness of the indictable offence concerned,

(b) the nature of the indictable offence concerned,

(c) the age and maturity of the person at the time of the offence and at the time of sentencing,

(d) the seriousness, nature and number of any prior offences committed by the person,

(e) such other matters as the court considers relevant.

(2) For the purpose of dealing with a person in accordance with Division 4 of Part 3, a court shall have and may exercise the functions of the Children's Court under that Division in the same way as if--

(a) the court were the Children's Court, and

(b) the offence were an offence to which that Division applies.

(3) If a court, in exercising the functions of the Children's Court under subsection (2), makes an order under section 33 that provides for a person to enter into a good behaviour bond or that releases a person on probation, the court may, on referral from the Children's Court under section 40 (1A), deal with the order in the same way as the Children's Court may deal with it under section 40.