Admissibility and use of childhood criminal history in sentencing adults
148A Admissibility and use of childhood criminal history in sentencing adults
This section applies in relation to a court that is sentencing a person who is an adult for an offence.
During the prescribed period—
section 148 does not prevent the court admitting evidence that the person was found guilty as a child of an offence without the recording of a conviction; and
the court may admit other evidence from the person’s criminal history as a child; and
a previous finding of guilt, other than an excluded previous finding of guilt, against the person as a child, for an offence without the recording of a conviction that forms part of the person’s criminal history as a child is taken to be a previous conviction of the person.
Also, section 148 does not prevent the court from receiving information about any other sentence to which the person is subject under this Act if that is necessary to mitigate the effect of the court’s sentence.
In this section—
excluded previous finding of guilt means a finding of guilt to which section 148B(2) applies.
prescribed period, for a person, means a period of 5 years starting on the latest day that a matter became part of the person’s criminal history as a child.
This provision refers to the regulations (prescribed period
). Made under this Act:
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