sec.148BAdmissibility of childhood finding of guilt against adult for particular purposes

### sec.148B Admissibility of childhood finding of guilt against adult for particular purposes This section applies to— a proceeding before a court to hear and determine a charge against a person who is an adult of an offence under the Criminal Code , section 328A , on indictment or summarily, alleged to have been committed after a previous conviction mentioned in that section; or a proceeding before a court for the sentencing of a person who is an adult— convicted of an offence under the Criminal Code , section 328A (2) (c) ; or convicted of an offence to which the Criminal Code , section 328A (3) applies. Section 148 does not prevent the court admitting a previous finding of guilt against the person, as a child, for a relevant offence without the recording of a conviction if the finding of guilt— forms part of the person’s criminal history as a child; and was made during a period of 5 years before the offence mentioned in subsection (1) was committed. In this section— relevant offence means an offence mentioned in the Criminal Code , section 328A (2) (c) or (3) . s 148B (prev s 148AB) ins 2024 No. 54 s 48 renum 2024 No. 54 s 49 (sec.148B-ssec.1) This section applies to— a proceeding before a court to hear and determine a charge against a person who is an adult of an offence under the Criminal Code , section 328A , on indictment or summarily, alleged to have been committed after a previous conviction mentioned in that section; or a proceeding before a court for the sentencing of a person who is an adult— convicted of an offence under the Criminal Code , section 328A (2) (c) ; or convicted of an offence to which the Criminal Code , section 328A (3) applies. (sec.148B-ssec.2) Section 148 does not prevent the court admitting a previous finding of guilt against the person, as a child, for a relevant offence without the recording of a conviction if the finding of guilt— forms part of the person’s criminal history as a child; and was made during a period of 5 years before the offence mentioned in subsection (1) was committed. (sec.148B-ssec.3) In this section— relevant offence means an offence mentioned in the Criminal Code , section 328A (2) (c) or (3) . - (a) a proceeding before a court to hear and determine a charge against a person who is an adult of an offence under the Criminal Code , section 328A , on indictment or summarily, alleged to have been committed after a previous conviction mentioned in that section; or - (b) a proceeding before a court for the sentencing of a person who is an adult— (i) convicted of an offence under the Criminal Code , section 328A (2) (c) ; or (ii) convicted of an offence to which the Criminal Code , section 328A (3) applies. - (i) convicted of an offence under the Criminal Code , section 328A (2) (c) ; or - (ii) convicted of an offence to which the Criminal Code , section 328A (3) applies. - (i) convicted of an offence under the Criminal Code , section 328A (2) (c) ; or - (ii) convicted of an offence to which the Criminal Code , section 328A (3) applies. - (a) forms part of the person’s criminal history as a child; and - (b) was made during a period of 5 years before the offence mentioned in subsection (1) was committed.