• Specific Year
    Any

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 686 Safe custody warrant—criteria

CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 686

Safe custody warrant—criteria

    (1)     The magistrate may issue a safe custody warrant for a child or young person, for stated premises, if satisfied that—

        (a)     any of the following orders are in force for the child or young person:

              (i)     an appraisal order;

Note     Appraisal orders are dealt with in s 372.

              (ii)     an interim care and protection order;

Note     Interim care and protection orders are dealt with in s 433.

              (iii)     an assessment order;

Note     Assessment orders are dealt with in s 436.

              (iv)     a care and protection order;

Note     Care and protection orders are dealt with in s 422.

              (v)     a protection order;

Note     A protection order is an order under the Family Violence Act 2016

or the Personal Violence Act 2016

made by the Childrens Court under s 459.

              (vi)     a therapeutic protection order;

Note     Therapeutic protection orders are dealt with in s 532.

              (vii)     an interim therapeutic protection order; and

Note     Interim therapeutic protection orders are dealt with in div 16.2.3.

        (b)     there are reasonable grounds for suspecting that—

              (i)     someone has contravened the order; and

              (ii)     because of the contravention, the child or young person is in danger; and

              (iii)     the child or young person is at the premises or may be at the premises within the next 14 days.

    (2)     The magistrate may also issue a safe custody warrant for a child or young person, for stated premises, if satisfied that—

        (a)     a therapeutic protection order, or an interim therapeutic protection order, is in force for the child or young person; and

Note     Therapeutic protection orders are dealt with in pt 16.2. Interim therapeutic protection orders are dealt with in div 16.2.3.

        (b)     there are reasonable grounds for suspecting that—

              (i)     the child or young person is absent without lawful authority or excuse from the therapeutic protection place where the child or young person has been directed to be confined under the therapeutic protection order; and

              (ii)     the child or young person is at the premises or may be at the premises within the next 14 days.