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YOUTH JUSTICE ACT 1992 - SECT 40
Admissibility of particular evidence
40 Admissibility of particular evidence
(1) An admission about committing the relevant offence, made by the child
while participating in a restorative justice process, is inadmissible in any
proceeding.
(2) Subsection (1) extends to— (a) any written material or
other correspondence made for the purpose of the restorative justice process;
or Example— a written apology given as a requirement of a conference
agreement
(b) actions of the child, done for the purpose of the restorative
justice process, that make evident that the child committed the
relevant offence.
(3) However, evidence that would otherwise be inadmissible
in a proceeding because of subsection (1) is admissible— (a) if the child
agrees to the admission of the evidence; or
(b) in a proceeding under part 7
, division 2 .
(4) In this section—
"relevant offence" , in relation to a restorative justice process, means the
offence to which the process relates.
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