Section 235 — Children, Young Persons, and Their Families Act 1989: Child or young person who is arrested may be placed in custody of chief executive
Text of the provision Official document
235 Child or young person who is arrested may be placed in custody of chief executive (1) Notwithstanding section 234 of this Act but subject to section 244 of this Act, where a member of the Police has reasonable grounds for believing, in relation to any child or young person who has been arrested, that— (a) The child or young person is not likely to appear before the Court; or (b) The child or young person may commit further offences; or (c) It is necessary to prevent— (i) The loss or destruction of evidence relating to an offence committed by the child or young person or an offence that the member of the Police has reasonable cause to suspect the child or young person of having committed; or (ii) Interference with any witness in respect of any such offence,— the member of the Police shall, as soon as practicable and not later than 24 hours after the arrest, place the child or young person in the custody of the chief executive in accordance with subsection (2) of this section. (2) A child or young person shall be placed in the custody of the chief executive pursuant to this section by— (a) Delivering the child or young person to a Social Worker; and (b) Presenting to the Social Worker, on the prescribed form, details relating to— (i) The identity of the child or young person; and (ii) The circumstances of the arrest of the child or young person; and (iii) The date and time of the intended appearance of the child or young person before the Court having jurisdiction in the matter in relation to which the child or young person was arrested. (3) Placement of a child or young person in the custody of the chief executive under subsection (1) of this section shall be sufficient authority for the detention of the child or young person by a Social Worker or in a residence under this Act, or under the care of any suitable person approved by a Social Worker. (4) No member of the Police shall exercise the power conferred by subsection (1) of this section merely because the member of the Police believes that any child or young person is in need of care or protection (as defined in section 14 of this Act). Compare: 1974 No 72 s 43(2), (5); 1982 No 135 s 10; 1983 No 129 s 10(2), (3) Subsection (1) to (3) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “ chief executive ” for “ Director-General ” .
Official source: legislation.govt.nz
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