Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 29

29 Support person must be present for statement to be admissible

(1) In a proceeding for an indictable offence, a court must not admit into evidence against the defendant a statement made or given to a police officer by the defendant when a child, unless the court is satisfied a support person was present with the child at the time and place the statement was made or given.

(2) Subsection (1) does not apply if—

(a) the prosecution satisfies the court there was a proper and sufficient reason for the absence of a support person at the time the statement was made or given; and

Examples—

1 There was a reasonable suspicion that allowing a support person to be present would result in an accomplice or accessory of the relevant person taking steps to avoid apprehension.

2 A support person was excluded under the Police Powers and Responsibilities Act 2000 .

(b) the court considers that, in the particular circumstances, the statement should be admitted into evidence.

(3) This section does not require that a police officer permit or cause to be present when a child makes or gives the statement a person the police officer suspects on reasonable grounds—

(a) is an accomplice of the child; or

(b) is, or is likely to become, an accessory after the fact;

in relation to the offence or another offence under investigation.

(4) This section does not limit the common law under which a court in a criminal proceeding may exclude evidence in the exercise of its discretion.