Law Society of Tasmania Criminal Law Conference 2023 Youth Justice Jurisdiction and Prescribed Offences Section 161 - Jurisdiction of Court o
To hear and determine a charge against a youth for “an offence”.
Section 3 - Interpretation o
“An offence” is “any offence other than a prescribed offence” and “prescribed offence” is defined as…
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Youth less than14 years old ~ murder, attempted murder or manslaughter
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Youth 14, 15 or 16 years old ~ all of the above ~ aggravated sexual assault ~ rape ~ persistent sexual abuse of a child young person ~ armed robbery and aggravated armed robbery ~ being found prepared for the commission of a crime under Chapter XXVII of the Criminal Code armed with a dangerous or offensive weapon or instrument); and ~ evade police
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Youth 17 years old ~ all of the above ~
s 37J Police Offences Act (Hooning)
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offences under the Road Safety (Alcohol & Drugs) Act, Marine Safety (Misuse of Alcohol) Act, Traffic Act or the Vehicle & Traffic Act except if being determined in conjunction with proceedings for an offence that is not a prescribed offence.
Section 161 (2) – the election A youth who is 15 years old or more that is charged with an indictable offence that is not a prescribed offence must be asked by the Court if the youth is willing to be tried by the Youth Justice court instead of by a jury. Section 164 - Lack of jurisdiction discovered during proceedings o
If a court constituted by a magistrate finds that it does not have jurisdiction the Court may remove the proceeding to a court of competent jurisdiction; or
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Where the court of competent jurisdiction may be constituted by a magistrate, continue to hear and determine the proceeding as the court of competent jurisdiction.