Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 148A

148A Admissibility of evidence obtained while participating in particular programs

(1) The following are not admissible in evidence against a child in any civil, criminal or administrative proceeding—

(a) an admission made by the child in the course of, for the purpose of, or as a condition of, participating in a youth justice program;

(b) evidence directly or indirectly derived from an admission mentioned in paragraph (a) .

(2) Subsection (1) does not apply to a proceeding for an offence committed or allegedly committed by the child while participating in a youth justice program.

(3) The reference in subsection (1) (a) to an admission made by the child includes—

(a) any written material made by the child; and

Example—

a written apology given as a requirement of a conference agreement

(b) anything said or done by the child that makes it evident the child committed an offence.

(4) However, evidence that would otherwise be inadmissible in a proceeding because of subsection (1) —

(a) is admissible if the child agrees to its admission; or

(b) for evidence from participation in a conference or alternative diversion program—is admissible in a proceeding under part 7 , division 2 .

(5) In this section—

"youth justice program" means—

(a) a conference; or

(b) an alternative diversion program; or

(c) a program or service established by the chief executive under section 302 .