ACTIn ForceAct
Crimes Act 1900
442ARecord of youth offence particulars not to be disclosed in
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442A Record of youth offence particulars not to be disclosed in
court proceedings
(1) A record that discloses particulars of the following kind about a
person must not be disclosed to a court in a proceeding involving the
person unless the particulars have been omitted:
(a) a conviction or finding of guilt against the person for a youth
(b) any action carried out by a police officer in relation to the person
for a youth offence;
Examples—action carried out by a police officer
• questioning
• administering a caution
• enforcing a warrant
• arrest
(c) a failure by the person to comply with—
(i) a direction given by a police officer, or any other person
acting under a territory law, in relation to a youth offence
or a criminal proceeding for a youth offence; or
(ii) an order made by a court in a criminal proceeding for a
youth offence;
(d) a direction or order made by a court, in relation to a criminal
proceeding for a youth offence, that identifies the person;
Examples—court direction or order identifying the person
• an order granting bail to the person
• an order dismissing an appeal by the person
(e) a finding that the person was not guilty of a youth offence;
(f) withdrawal of charges against the person for a youth offence.
(2) However, a record disclosing particulars mentioned in subsection (1)
may be disclosed to the court if the youth offence to which the
particulars relate was a schedule offence committed or allegedly
committed by the person when the person was at least 12 years old.
schedule offence—means an offence mentioned in the Criminal
Code, schedule 1, column 2.
youth offence means an offence against a territory law or a law of the
Commonwealth, a State or another Territory committed or allegedly
committed by the person when under 14 years old.