CHILDREN'S SERVICES ACT 1986 - SECT 38 Detention of children

This legislation has been repealed.

CHILDREN'S SERVICES ACT 1986 - SECT 38

(1)     Subject to this section, a child who has been charged with an offence and is not admitted to bail shall, as soon as practicable, be taken to a shelter, and shall be detained there.

(2)     In the case of the actual or apprehended violent behaviour of the child (whether in the shelter or elsewhere) or by reason of the seriousness of the offence with which the child is charged, an escape, or attempted escape, by the child from lawful detention, or for other good cause, the child may be taken to a remand centre and shall be detained there.

(3)     A child who requires medical attention may be taken to a hospital and, if the person in charge of the hospital consents, be detained in the hospital.

(4)     When a child who was detained in a hospital is discharged from hospital, the child shall—

        (a)     in the case of a child to whom subsection (2) applies—be taken to, and detained in, a remand centre; and

        (b)     in any other case—be taken to, and detained in, a shelter.

(5)     Where it is necessary to take the child from the place at which the child is detained to a court, or from a court to that place, the child shall not, unless it is impracticable to avoid doing so, be so taken in company with a person under detention who is not a child and shall not be placed at the court in a room in which another person under detention who is not a child is placed.