Evidence of prior offences and other matters not admissible in certain criminal proceedings
15 Evidence of prior offences and other matters not admissible in certain criminal proceedings
The fact that a person has pleaded guilty to an offence in, or has been found guilty of an offence by, a court (being an offence committed when the person was a child) shall not be admitted in evidence (whether as to guilt or the imposition of any penalty) in any criminal proceedings subsequently taken against the person in respect of any other offence if—
a conviction was not recorded against the person in respect of the firstmentioned offence, and
the person has not, within the period of 2 years prior to the commencement of proceedings for the other offence, been subject to any judgment, sentence or order of a court whereby the person has been punished for any other offence.
Subsection (1) or (3) does not apply to any criminal proceedings before the Children’s Court.
The fact that a person has been dealt with by a warning, caution or youth justice conference under the Young Offenders Act 1997 (being in respect of an alleged offence committed when the person was a child) is not to be admitted in evidence (whether as to guilt or the imposition of any penalty) in any criminal proceedings subsequently taken against the person in respect of any other offence.
This Act’s bill:Explanatory memorandum
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