YOUTH JUSTICE ACT 1992 - SECT 13
Police officer’s power of arrest preserved in particular general circumstances
YOUTH JUSTICE ACT 1992 - SECT 13
Police officer’s power of arrest preserved in particular general circumstances
13 Police officer’s power of arrest preserved in particular general
circumstances
(1) A police officer may use the police officer’s power of arrest under the
Police Powers and Responsibilities Act 2000, section 365(3) , without a
warrant, to arrest a child for an offence without regard to sections 11and 12only if the police officer believes on reasonable grounds—
(a) the arrest is
necessary—
(i) to prevent a continuation or a repetition of the offence or
the commission of another offence; or
(ii) to obtain or preserve, or prevent
concealment, loss or destruction of, evidence relating to the offence; or
(iii) to prevent the fabrication of evidence; or
(iv) to ensure the child’s
appearance before a court; or
Note—
Under the youth justice principles in
schedule 1 , it is a principle of this Act that a child should be detained in
custody for an offence, whether on arrest, remand or sentence, only as a last
resort and for the least time that is justified in the circumstances.
(b)
the child is an adult; or
(c) the child is contravening section 278or is
unlawfully at large.
(2) In deciding for subsection (1) (b) whether the
police officer had reasonable grounds, a court may have regard to the
child’s apparent age and the circumstances of the arrest.
(4) Also, a
police officer may use the police officer’s power of arrest under a warrant
issued under the Bail Act 1980without regard to sections 11and 12.