Australian Capital Territory Current Acts

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CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 871A

Evidence relating to children and young people under age of criminal responsibility in intensive therapy etc inadmissible in criminal proceeding

    (1)     Evidence of anything said or done by, or an opinion or observation about, a child or young person under the age of criminal responsibility for an offence is inadmissible in any criminal proceeding able to be brought against the child or young person, if the evidence is based on information brought into existence for the purpose of any of the following:

        (a)     a referral to the therapeutic support panel;

        (b)     the exercise of a function of the therapeutic support panel;

        (c)     the preparation of a therapy plan;

        (d)     a child or young person in intensive therapy;

        (e)     the implementation of an interim intensive therapy order or intensive therapy order.

    (2)     A reference in subsection (1) to a criminal proceeding able to be brought against a child or young person includes a criminal proceeding able to be brought when the child or young person is an adult.

    (3)     In this section:

"under the age of criminal responsibility"—a person is under the age of criminal responsibility for an offence if the person is not criminally responsible under the Criminal Code

, section 25 for the offence.



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