Queensland Consolidated Acts

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YOUTH JUSTICE ACT 1992 - SECT 148

Evidence of childhood finding of guilt not admissible against adult

148 Evidence of childhood finding of guilt not admissible against adult

(1) In a proceeding against an adult for an offence, there must not be admitted against the adult evidence that the adult was found guilty as a child of an offence if a conviction was not recorded.
(2) Subsection (1) applies even though the evidence would otherwise be admissible under the Evidence Act 1977 , section 15 and the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 5 (3) (b) .
(3) This section does not prevent a court that is sentencing an adult from receiving information about any other sentence to which the adult is subject if that is necessary to mitigate the effect of the court’s sentence.
(4) For subsection (1) , if a person is found guilty as a child of an offence, the person is not taken to have been found guilty as an adult of the offence merely because of the making of a declaration under section 143 (4) .



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