(b) the child does not remain the prisoner of the court; and
(c) the child is
not already in the custody of the chief executive.
(2) The commissioner of
the police service must—
(a) take immediate custody of the child; and
(b)
deliver the child into the custody of the chief executive as soon as
reasonably practicable after the date the chief executive notifies to the
commissioner under subsection (3) .
(3) The chief executive must—
(a)
notify the commissioner of the police service of the date from which delivery
of the child into the chief executive’s custody will be accepted; and
(b)
fulfil the duty under paragraph (a) as soon as reasonably practicable in all
the circumstances, including, for example, the number of children held by the
commissioner and the capacity of detention centres.
(4) In deciding the date,
the chief executive must have regard to the information available to the chief
executive about the following matters—
(a) the child’s needs, having
regard to—
(i) the child’s age and sex; and
(ii) the child’s cultural
background; and
(iii) the child’s historic and current self-harm risk and
suicide risk; and
(iv) the child’s medical conditions, if any; and
(v) the
child’s physical health and mental health issues, if any; and
(vi) the
child’s substance misuse and withdrawal issues, if any; and
(vii) the
child’s cognitive capacity; and
(viii) the location and date of the
child’s next court appearance; and
(ix) any other issue the chief executive
considers may affect the child’s health or wellbeing in a watch-house
environment; and
(x) any other issue the chief executive considers may affect
the child’s health or wellbeing while the child is being transported between
a watch-house and a detention centre;
(b) if 1 or more other children are
being held by the commissioner of the police service—the relative needs of
the child and the other children having regard to the matters mentioned in
paragraph (a) ;
(c) the effect the delivery of the child is likely to have
on—
(i) the chief executive’s ability to comply with section 263; and
(ii) the chief executive’s ability to fulfil the chief executive’s duties
as an employer; and
(iii) the commissioner of the police service’s ability
to fulfil the commissioner’s duties as an employer; and
(iv) the
commissioner of the police service’s ability to fulfil the commissioner’s
responsibility for—
(A) the security and management of watch-houses; and
(B) the safety and wellbeing of people detained in watch-houses.
(5) A
failure of the chief executive to provide procedural fairness to the child in
deciding the date under subsection (4) does not affect the validity of the
decision.
(6) Subsection (2) does not apply to a person who is an adult being
dealt with for an offence committed by the person as a child if, under
section 136, 137or 138, the person must be held in a corrective services
facility.
(7) Subsection (8) applies to jurisdiction conferred by an Act on a
court—
(a) to commit a person to a place of detention (other than a
detention centre) pending appearance before a court; and
(b) to give
directions to the person in charge of the place.
(8) The jurisdiction is
taken, if the person is a child and this section applies, instead to confer
jurisdiction on the court to remand the child into the custody of the chief
executive and to give directions to the chief executive.
(9) If a court
remands a child into the custody of the chief executive under subsection (8) ,
subsection (2) applies to the child.
(10) Subject to subsection (11) , the
chief executive may keep a child mentioned in subsection (1) who is in the
chief executive’s custody in places that the chief executive determines from
time to time.
(11) The chief executive can not determine under subsection
(10) that a child is to be kept in a prison.
(13) This subsection and
subsections (12) and (14) expire on 31 December 2026.
(14) A regulation may
postpone the expiry of this subsection and subsections (12) and (13) but can
not postpone the expiry for more than 1 year after 31 December 2026.
