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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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