Section 214 — Children, Young Persons, and Their Families Act 1989: Arrest of child or young person without warrant

214 Arrest of child or young person without warrant (1) Subject to sections 233 and 244 of this Act, where, under any enactment, any enforcement officer has a power of arrest without warrant, that officer shall not arrest a child or young person pursuant to that power unless that officer is satisfied, on reasonable grounds,— (a) That it is necessary to arrest that child or young person without warrant for the purpose of— (i) Ensuring the appearance of the child or young person before the Court; or (ii) Preventing that child or young person from committing further offences; or (iii) Preventing the loss or destruction of evidence relating to an offence committed by the child or young person or an offence that the enforcement officer has reasonable cause to suspect that child or young person of having committed, or preventing interference with any witness in respect of any such offence; and (b) Where the child or young person may be proceeded against by way of summons, that proceeding by way of summons would not achieve that purpose. (2) Nothing in subsection (1) of this section prevents a member of the Police from arresting a child or young person without warrant on a charge of any offence where— (a) The member of the Police has reasonable cause to suspect that the child or young person has committed a purely indictable offence; and (b) The member of the Police believes, on reasonable grounds, that the arrest of the child or young person is required in the public interest. (3) Every enforcement officer who arrests a child or young person without warrant shall, within 3 days of making the arrest, furnish a written report— (a) Where that enforcement officer is a member of the Police, to the Commissioner of Police: (b) Where that enforcement officer is a traffic officer who is a non-sworn member of the Police, to the Commissioner of Police: (c) Where that enforcement officer is an officer or employee of the Public Service, to the chief executive of the Department of which that person is an officer or employee: (d) Where that enforcement officer is an officer of a local authority, to the chief executive of that local authority. (4) Every report furnished pursuant to subsection (3) of this section in respect of the arrest of any child or young person shall state the reason why the child or young person was arrested without warrant. Compare: Children's Services Ordinance 1986 (Australian Capital Territory), No 13, 1986, s 31 Subsection (3)(b) was substituted, as from 1 July 1992, by section 36 Transport Amendment Act (No 2) 1992 (1992 No 67). Subsection (3)(d) was amended, as from 1 July 2003, by section 262 Local Government Act 2002 (2002 No 84) by substituting “ chief executive ” for “ principal administrative officer ” . See sections 273 to 314 of that Act as to the savings and transitional provisions.