Victorian Numbered Acts Victorian Numbered Acts(1) After section 356(3)(a) of the Principal Act insert —
"(ab) subsection (6) applies; or".
(2) After section 356(5) of the Principal Act insert —
"(6) If a child is charged before the Court with a Category A serious youth offence committed when the child was aged 16 years or over, other than murder, attempted murder, manslaughter, child homicide, 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), the Court must not hear and determine the charge summarily unless—
(a) the child or the prosecution requests that the charge be heard and determined summarily; and
(b) the Court is satisfied that the sentencing options available to it under this Act are adequate to respond to the child's offending; and
(c) any of the following applies—
(i) it is in the interests of the victim or victims that the charge be heard and determined summarily;
(ii) the accused is particularly vulnerable because of cognitive impairment or mental illness;
(iii) there is a substantial and compelling reason why the charge should be heard and determined summarily.
(7) In determining whether there is a substantial and compelling reason why the charge should be heard and determined summarily, the Court must have regard to the intention of the Parliament that a charge for a Category A serious youth offence should not normally be heard and determined summarily.
(8) If a child is charged before the Court with a Category B serious youth offence committed when the child was aged 16 years or over, the Court must consider whether subsection (3) has the effect that the offence should not be heard and determined summarily.
(9) If a charge has been transferred to the Children's Court under section 168 of the Criminal Procedure Act 2009 because of the operation of section 168A of that Act—
(a) the child or the prosecution may apply to the Court for the charge not to be heard and determined summarily; and
(b) if such an application has been made, the Court must not hear and determine the charge summarily unless subsection (6) or (8), as the case requires, applies.".