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YOUTH JUSTICE ACT 1992 - SECT 40 Admissibility of particular evidence

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.