PROTECTIVE CUSTODY ACT 2000 - SECT 11

PROTECTIVE CUSTODY ACT 2000 - SECT 11

11 .         Releasing apprehended children

        (1)         As soon as practicable after a child is apprehended, an authorised officer must release the child —

            (a)         into the care of a person who is the child’s parent or legal guardian;

            (b)         into the care of a person —

                  (i)         whom the officer reasonably believes is a responsible person capable of taking care of the child; and

                  (ii)         who consents to taking charge of the child;

                or

            (c)         if the officer is unable to comply with paragraph (a) or (b), into the care of the person in charge of an appropriate facility.

        (2)         In deciding which option in subsection (1) to use an authorised officer must give paramount consideration to the safety and welfare of the child.

        (3)         Subsection (1) does not prevent an authorised officer from taking action under section 10 and, if directed to do so, from releasing a child into the care of another person under that section.

        (4)         If a child is apprehended by a community officer and it is not reasonably practicable to comply with subsection (1), a community officer may deliver the child to a police officer to be detained in accordance with section 7(1).

        (5)         Any detention under section 7(1) of a child by a police officer must not be in a police station or lock-up unless —

            (a)         in the time needed to comply with subsection (1) exceptional circumstances arise that justify detaining the child in a police station or lock-up; or

            (b)         exceptional circumstances make it impracticable to comply with subsection (1).

        [Section 11 amended: No. 34 of 2004 s. 251.]