Queensland Consolidated Acts

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JUVENILE JUSTICE ACT 1992 - SECT 40

40 Admissibility of a conference agreement and related evidence

(1) This section applies for any conference.

(2) In any proceeding, evidence is inadmissible of anything done or said, or an admission made, about an offence in the convening of the conference or in the performance by a coordinator or convenor of the coordinator or convenor's functions for the conference.

(3) To remove any doubt, it is declared subsection (2) applies to a conference agreement made at the conference.

(4) However, evidence that would otherwise be excluded from admission in a proceeding because of subsection (2) or (3) is admissible in a proceeding if--

(a) all the parties to the conference agree to the admission of the evidence; or
(b) the proceeding is under part 7, division 2; or
(c) the evidence is admissible under this or another Act; or
(d) the evidence is relevant to a proceeding about an offence or a disciplinary matter happening during the convening of the conference or in the performance of a coordinator or convenor of their functions for the conference.

(5) Also, if a court is considering referring a child to a conference for an offence, subsection (2) or (3) does not prevent the court from considering the reasons previously given by a coordinator under section 22(3) for referring the offence back to a police officer.

(6) Also, if a court is considering how to sentence a child for an offence, subsection (2) or (3) does not prevent the court from considering any conference agreement previously entered by the child for the offence and the child's performance of the child's obligations under the conference agreement.



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