Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 274

Defendant or other person who has previously appeared in Children's Court

274. Defendant or other person who has previously appeared in Children's Court



(1) If-

   (a)  a person has appeared before the Court charged with an offence; or

   (b)  an application has been made to the Family Division for a
        protection order in respect of the person-

the fact of the charge or of any order made in respect of the charge or of the
application or of any appearance of the person before the Court in respect of,
or consequent on, the application must not be given in evidence against the
person in any legal proceeding within the meaning of section 3 of the
Evidence Act 1958 (other than a proceeding in the Children's Court) after the
end of 3 years from the date of the charge, application or appearance
(whichever last happens).

(2) Sub-section (1) does not apply if that fact is relevant-

   (a)  to the facts in issue in the proceeding; or

   (b)  to matters necessary to be known in order to determine whether or not
        those facts existed.

(3) Despite sub-section (1), if a person is found guilty by a court of an
offence, evidence may be given to the court of an order of the Criminal
Division in relation to an offence committed by the person, if the order was
made not more than 10 years before the hearing at which it is sought to be
proved.