Section 147 — Youth Criminal Justice Act: Statements not admissible against young person

Subject to subsection (2), if a young person is assessed in accordance with an order made under subsection 34(1) (medical or psychological assessment), no statement or reference to a statement made by the young person during the course and for the purposes of the assessment to the person who conducts the assessment or to anyone acting under that person’s direction is admissible in evidence, without the consent of the young person, in any proceeding before a court, tribunal, body or person with jurisdiction to compel the production of evidence. A statement referred to in subsection (1) is admissible in evidence for the purposes of making a decision on an application heard under section 71 (hearing — adult sentences); determining whether the young person is unfit to stand trial; determining whether the balance of the mind of the young person was disturbed at the time of commission of the alleged offence, if the young person is a female person charged with an offence arising out of the death of her newly-born child; making or reviewing a sentence in respect of the young person; determining whether the young person was, at the time of the commission of an alleged offence, suffering from automatism or a mental disorder so as to be exempt from criminal responsibility by virtue of subsection 16(1) of the Criminal Code , if the accused puts his or her mental capacity for criminal intent into issue, or if the prosecutor raises the issue after verdict; challenging the credibility of a young person in any proceeding if the testimony of the young person is inconsistent in a material particular with a statement referred to in subsection (1) that the young person made previously; establishing the perjury of a young person who is charged with perjury in respect of a statement made in any proceeding; deciding an application for an order under subsection 104(1) (continuation of custody); setting the conditions under subsection 105(1) (conditional supervision); conducting a review under subsection 109(1) (review of decision); or deciding an application for a disclosure order under subsection 127(1) (information about a young person).