Australian Capital Territory Repealed Acts

This legislation has been repealed.

CHILDREN'S SERVICES ACT 1986 - SECT 40

(1)     Where, in proceedings against a child in respect of an offence, the court is satisfied that evidence tendered to the court was obtained in contravention of, or in consequence of a contravention of, a provision of this Act in relation to the child, the court shall refuse to admit that evidence in the proceedings unless it is satisfied that—

        (a)     admission of the evidence is substantially in the public interest as regards the administration of criminal justice; and

        (b)     that interest would outweigh any prejudice to the rights of any person, including the child, that has occurred or is likely to occur as a result of the contravention or the admission of the evidence.

(2)     The matters to which a court may have regard in deciding whether it should admit the evidence that was obtained in contravention of, or in consequence of a contravention of, a provision of this Act in relation to the child include—

        (a)     the seriousness of the offence to which the evidence relates, the difficulty of detecting the offender, the need to apprehend the offender and the need to preserve evidence of the facts;

        (b)     the nature and seriousness of the contravention; and

        (c)     the extent to which the evidence might have been lawfully obtained.

(3)     This section is in addition to, and not in substitution for, any other law or rule under which a court may refuse to admit evidence.