New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 45

45 Review of decisions where mistake as to age

(1) If--

(a) a decision is made by a court in respect of an offence on the assumption that the person to whom the decision relates had or had not attained a particular age at a particular time,

(b) the Attorney General is satisfied that the assumption was incorrectly made, and

(c) the person is, at the time the Attorney General is so satisfied, still affected by the decision,

the Attorney General shall, as soon as practicable after being so satisfied, cause an application to be made to the court which made the decision for a review of the decision.

(2) A court to which an application for review is made--

(a) may set aside or quash the decision,

(b) may set aside or quash the decision and remit the case to another court,

(c) may order that the decision be varied, in such manner as the court thinks fit, in so far as it appears to the court that the purported age of the person to whom the decision relates was material to the nature of the decision or the period for which the decision was to be effective, or

(d) may order that the application be dismissed.

(3) The setting aside or quashing, under subsection (2) (a) or (b), of a decision in respect of an offence shall not affect any information laid or complaint made in relation to the offence or any further proceedings on that information or complaint.