456APurpose and application

1. The purpose of Part 1 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 is to amend this Act to—

2. enable proceedings to be commenced under the Summary Proceedings Act 1957 or the Criminal Procedure Act 2011 against—
   1. a child aged 12 or 13 years who is alleged to have committed an offence (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or
   2. a child aged 12 or 13 years who is alleged to have committed an offence (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years and who is a previous offender; and
3. require to be brought before the Youth Court to be dealt with in accordance with this Act, and provide certain protections for, a child of that kind against whom proceedings under the Summary Proceedings Act 1957 or the Criminal Procedure Act 2011 have been commenced for an offence of that kind; and
4. strengthen and expand the orders available to the Youth Court sentencing or otherwise dealing with a child or young person against whom a charge is proved before the Youth Court, including by ensuring that measures for dealing with offending address the causes underlying the offending.

5. A child aged 12 or 13 years is a previous offender for the purposes of subsection (1)(a)(ii) if, in accordance with section 272(1A) or (1B) (as substituted by section 14(2) of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010), he or she has been—

6. proved before the Family Court to have committed an offence for which the maximum penalty available is or includes imprisonment for life or for at least 10 years; or
7. convicted by the High Court of murder or manslaughter; or
8. convicted by the District Court or the High Court, as a result of an election of jury trial made in the Youth Court, of 1 or more offences (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; or
9. proved before the Youth Court to have committed 1 or more offences (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years.

10. The amendments made by a provision of that Part apply only—

11. in respect of an offence committed or alleged to have been committed after the commencement of that provision; and
12. in accordance with subsection (4) in respect of an offence committed or alleged to have been committed before the commencement of that provision.

13. If the child or young person gives consent to its doing so, the court may make an order, or exercise or perform any other authority, power, or function, under an amendment made by a provision of that Part in respect of an offence committed or alleged to have been committed before the commencement of that provision.

14. A reference in subsection (3) or (4) to an offence committed or alleged to have been committed includes a reference to each of the child's 1 or more earlier offences referred to in section 272(1A)(b) or (1B)(a), (b), or (c) if—

15. the offence is one of the kind specified in section 272(1)(c) and one committed or alleged to have been committed by a child aged 12 or 13 years; and
16. proceedings under the Summary Proceedings Act 1957 or the Criminal Procedure Act 2011 against the child for the offence have been or are to be commenced in accordance with section 272(1)(c).