POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 392
Parent and particular chief executives to be advised of arrest or service of notice to appear
POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 392
Parent and particular chief executives to be advised of arrest or service of notice to appear
392 Parent and particular chief executives to be advised of arrest or service
of notice to appear
(1) A police officer who arrests a child must promptly
advise the persons mentioned in subsection (3) of the arrest and whereabouts
of the child.
(2) A police officer who has served a notice to appear on a
child must promptly advise the persons mentioned in subsection (3) of the
service of the notice to appear.
(3) The persons to be notified are—
(a) a
parent of the child, unless no parent of the child can be contacted after
making all reasonable inquiries; and
(b) the chief executive (communities) or
a person, nominated by that chief executive for the purpose, who holds an
office within the department for which the chief executive has responsibility;
and
(c) if the chief executive (child safety) has custody or guardianship of
the child under the Child Protection Act 1999, that chief executive or a
person, nominated by that chief executive for the purpose, who holds an office
in the department for which the chief executive has responsibility.
(4) If no
parent of the child can be contacted after making all reasonable inquiries, a
police officer must make a record of the inquiries made.
(5) Subsections (1)
, (2) and (4) do not apply in relation to a child if a police officer believes
on reasonable grounds that the child is an adult.
(6) In deciding whether the
police officer had the reasonable grounds, a court may have regard to the
child’s apparent age and the circumstances of the arrest or service of the
notice.
