Admissibility of childhood finding of guilt against adult for particular purposes
148B Admissibility of childhood finding of guilt against adult for particular purposes
This section applies to—
a proceeding before a court to hear and determine a charge against a person who is an adult of an offence under the Criminal Code, section 328A, on indictment or summarily, alleged to have been committed after a previous conviction mentioned in that section; or
a proceeding before a court for the sentencing of a person who is an adult—
convicted of an offence under the Criminal Code, section 328A(2)(c); or
convicted of an offence to which the Criminal Code, section 328A(3) applies.
Section 148 does not prevent the court admitting a previous finding of guilt against the person, as a child, for a relevant offence without the recording of a conviction if the finding of guilt—
forms part of the person’s criminal history as a child; and
was made during a period of 5 years before the offence mentioned in subsection (1) was committed.
In this section—
relevant offence means an offence mentioned in the Criminal Code, section 328A(2)(c) or (3).
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