New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 8

8 Commencement of proceedings

(1) Criminal proceedings should not be commenced against a child otherwise than by way of court attendance notice.

(2) Subsection (1) does not apply--

(a) if the offence for which proceedings are being commenced consists of--

(i) a serious children's indictable offence,

(ii) an indictable offence under Division 2 of Part 2 of the Drug Misuse and Trafficking Act 1985 , or

(iii) an offence (whether indictable or otherwise) prescribed by the regulations for the purposes of this paragraph,

(b) if, in the opinion of the person by whom the proceedings are commenced, there are reasonable grounds for believing that--

(i) the child is unlikely to comply with a court attendance notice, or

(ii) the child is likely to commit further offences,

if the proceedings were to be commenced by court attendance notice, or

(c) if, in the opinion of the person by whom the proceedings are commenced--

(i) the violent behaviour of the child, or

(ii) the violent nature of the offence,

indicates that the child should not be allowed to remain at liberty.