YOUTH JUSTICE ACT 2005 - SECT 59 Exclusion of evidence unlawfully obtained

YOUTH JUSTICE ACT 2005 - SECT 59

    (1)     In proceedings against a youth in respect of an offence, the Court may order that evidence in relation to the youth is not admissible if satisfied the evidence was obtained:

        (a)     in contravention of this Act; or

        (b)     as a consequence of a contravention of or a failure to comply with this Act.

    (2)     However, the Court may admit the evidence if satisfied that admission of the evidence would specifically and substantially benefit the public interest without unduly prejudicing the rights of any person.

    (3)     The Court must have regard to the following matters when deciding whether or not to admit the evidence:

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

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

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

        (d)     any other matters the Court considers relevant.

    (4)     This section is in addition to, and does not derogate from, any other law or rule under which a court may refuse to admit evidence.