Record of youth offence particulars not to be disclosed in court proceedings
442A Record of youth offence particulars not to be disclosed in court proceedings
A record that discloses particulars of the following kind about a person must not be disclosed to a court in a proceeding involving the person unless the particulars have been omitted:
a conviction or finding of guilt against the person for a youth offence;
any action carried out by a police officer in relation to the person for a youth offence;
Examples—action carried out by a police officer
questioning
administering a caution
enforcing a warrant
arrest
a failure by the person to comply with—
a direction given by a police officer, or any other person acting under a territory law, in relation to a youth offence or a criminal proceeding for a youth offence; or
an order made by a court in a criminal proceeding for a youth offence;
a direction or order made by a court, in relation to a criminal proceeding for a youth offence, that identifies the person;
Examples—court direction or order identifying the person
an order granting bail to the person
an order dismissing an appeal by the person
a finding that the person was not guilty of a youth offence;
withdrawal of charges against the person for a youth offence.
However, a record disclosing particulars mentioned in subsection (1) may be disclosed to the court if the youth offence to which the particulars relate was a schedule offence committed or allegedly committed by the person when the person was at least 12 years old.
In this section:
schedule offence—means an offence mentioned in the Criminal Code, schedule 1, column 2.
youth offence means an offence against a territory law or a law of the Commonwealth, a State or another Territory committed or allegedly committed by the person when under 14 years old.
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