QLDIn ForceAct
Youth Justice Act 1992
sec.148AAdmissibility and use of childhood criminal history in sentencing adults
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### sec.148A Admissibility and use of childhood criminal history in sentencing adults
This section applies in relation to a court that is sentencing a person who is an adult for an offence.
During the prescribed period—
section 148 does not prevent the court admitting evidence that the person was found guilty as a child of an offence without the recording of a conviction; and
the court may admit other evidence from the person’s criminal history as a child; and
a previous finding of guilt, other than an excluded previous finding of guilt, against the person as a child, for an offence without the recording of a conviction that forms part of the person’s criminal history as a child is taken to be a previous conviction of the person.
Also, section 148 does not prevent the court from receiving information about any other sentence to which the person is subject under this Act if that is necessary to mitigate the effect of the court’s sentence.
In this section—
excluded previous finding of guilt means a finding of guilt to which section 148B (2) applies.
prescribed period , for a person, means a period of 5 years starting on the latest day that a matter became part of the person’s criminal history as a child.
s 148A (prev s 148AA) ins 2024 No. 54 s 48
renum 2024 No. 54 s 49
(sec.148A-ssec.1) This section applies in relation to a court that is sentencing a person who is an adult for an offence.
(sec.148A-ssec.2) During the prescribed period— section 148 does not prevent the court admitting evidence that the person was found guilty as a child of an offence without the recording of a conviction; and the court may admit other evidence from the person’s criminal history as a child; and a previous finding of guilt, other than an excluded previous finding of guilt, against the person as a child, for an offence without the recording of a conviction that forms part of the person’s criminal history as a child is taken to be a previous conviction of the person.
(sec.148A-ssec.3) Also, section 148 does not prevent the court from receiving information about any other sentence to which the person is subject under this Act if that is necessary to mitigate the effect of the court’s sentence.
(sec.148A-ssec.4) In this section— excluded previous finding of guilt means a finding of guilt to which section 148B (2) applies. prescribed period , for a person, means a period of 5 years starting on the latest day that a matter became part of the person’s criminal history as a child.
- (a) section 148 does not prevent the court admitting evidence that the person was found guilty as a child of an offence without the recording of a conviction; and
- (b) the court may admit other evidence from the person’s criminal history as a child; and
- (c) a previous finding of guilt, other than an excluded previous finding of guilt, against the person as a child, for an offence without the recording of a conviction that forms part of the person’s criminal history as a child is taken to be a previous conviction of the person.