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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 88 Exclusion of evidence unlawfully obtained

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 88

Exclusion of evidence unlawfully obtained

(1)     If, in a proceeding against a young person in respect of an offence, the court is satisfied that evidence tendered to the court was obtained in contravention of, or in consequence of a contravention of, a provision of this Act in relation to the young person, the court must refuse to admit the evidence in the proceeding unless satisfied that—

        (a)     admission of the evidence is substantially in the public interest as regards the administration of criminal justice; and

        (b)     public interest would outweigh any prejudice to the rights of a person, including the young person, that has occurred or is likely to occur as a result of the contravention or the admission of the evidence.

(2)     The matters to which a court may have regard in deciding whether it should admit the evidence that was obtained in contravention of, or in consequence of a contravention of, a provision of this Act in relation to the young person include—

        (a)     the seriousness of the offence to which the evidence relates, the difficulty of detecting the offender, the need to apprehend the offender and the need to preserve evidence of the facts; and

        (b)     the nature and seriousness of the contravention; and

        (c)     the extent to which the evidence might have been lawfully obtained.

(3)     This section is in addition to, and not in substitution for, any other law or rule under which a court may refuse to admit evidence.