Commentary on Sections Part 11 - Evidence Chapter 1 : Evidence of Bad Character Section 108 – Offences committed by defendant when a child
387.Section 108 deals with the admissibility of certain juvenile convictions. Subsection (1) repeals section 16(2) and (3) of the Children and Young Persons Act 1963. That provision precludes the use in evidence of certain juvenile convictions (those relating to offences committed under the age of 14) in a trial for an offence committed over the age of 21.
388.The admissibility of this evidence will instead fall under the general scheme for admitting evidence of bad character set out in this Part, but will also have to satisfy the two further requirements of subsection (2). The additional requirements are:
	that the offence for which the defendant is being tried and the offence for which the defendant was convicted are triable only on indictment; and
	that the court is satisfied that the interests of justice require the evidence to be admissible.