Admissibility of evidence obtained while participating in particular programs
148C Admissibility of evidence obtained while participating in particular programs
The following are not admissible in evidence against a child in any civil, criminal or administrative proceeding—
an admission made by the child in the course of, for the purpose of, or as a condition of, participating in a youth justice program;
evidence directly or indirectly derived from an admission mentioned in paragraph (a).
Subsection (1) does not apply to a proceeding for an offence committed or allegedly committed by the child while participating in a youth justice program.
The reference in subsection (1)(a) to an admission made by the child includes—
any written material made by the child; and
Example—
a written apology given as a requirement of a conference agreement
anything said or done by the child that makes it evident the child committed an offence.
However, evidence that would otherwise be inadmissible in a proceeding because of subsection (1)—
is admissible if the child agrees to its admission; or
for evidence from participation in a conference or alternative diversion program—is admissible in a proceeding under part 7, division 2.
In this section—
youth justice program means—
a conference; or
an alternative diversion program; or
a program or service established by the chief executive under section 302.
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