VICIn ForceAct
Children, Youth and Families Act 2005
584Accused or other person who has previously appeared in Children's Court
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584 Accused or other person who has previously appeared in Children's Court
S. 584(1) amended by Nos 68/2009 s. 81(c), 69/2009 s. 54(Sch. Pt 2 item 10).
(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 (Miscellaneous Provisions) Act 1958** (other than a proceeding in the Children's Court) after the end of 3 years from the date of the charge-sheet charging the offence or the application or appearance (whichever last happens).
(2) Subsection (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 subsection (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.