Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 26

26 Support person must be present when identifying particulars are taken

(1) In a proceeding for an offence, a court must not admit into evidence against a defendant identifying particulars taken from the defendant under section 25 unless the court is satisfied a support person chosen by the child was present when the identifying particulars were taken.

(2) Subsection (1) does not apply if—

(a) the prosecution satisfies the court there was proper and sufficient reason for the absence of a support person when the particulars were taken; and

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

(3) This section does not require that a police officer permit or cause to be present when the identifying particulars are taken a person whom 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;

for the offence or another offence under investigation.

(4) Also, this section does not require that a police officer permit or cause to be present when the identifying particulars are taken a parent of the child whom the police officer suspects on reasonable grounds is a person against whom the offence under investigation is alleged to have been committed.

(5) 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.