Queensland Consolidated Acts

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JUVENILE JUSTICE ACT 1992 - SECT 50

50 Dealing with a child if court can not be promptly constituted

(1) This section applies if--

(a) a child is arrested in connection with a charge of an offence and delivered into the custody of a police officer at a place that is a police station, police establishment or watch-house; and
(b) the child is not being detained under the Police Powers and Responsibilities Act 2000, chapter 15, part 2; and
(c) it is not practicable to promptly constitute the Childrens Court to deal with the child.

(2) The police officer for the time being in charge of the place or, if the place is a watch-house, a prescribed police officer within the meaning of the Bail Act 1980, section 7, must--

(a) give the child a release notice or a notice to appear and release the child from custody under section 51; or
(b) grant bail to the child and release the child from custody under section 52; or
(c) keep the child in custody.

(3) However, if the child is released under the Police Powers and Responsibilities Act 2000, section 378 or 379--

(a) subsection (2) does not apply; and
(b) any proceeding against the child for the offence is discontinued even though the child may have been charged with having committed the offence.

(4) If the officer decides to keep the child in custody, the officer must record the reasons for the decision in a record of the persons kept in custody at the place.

(5) The keeping of the child in custody is not unlawful merely because of a failure to comply with subsection (4).

(6) This section applies subject to section 48.



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