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StatuteChildren, Young Persons, and Their Families Act 1989

Section 236 — Children, Young Persons, and Their Families Act 1989: Young person who is arrested may be detained in Police custody

Text of the provision Official document

236 Young person who is arrested may be detained in Police custody (1) Notwithstanding the provisions of sections 234 and 235 of this Act but subject to section 244 of this Act, where a senior Social Worker and a member of the Police, being a senior sergeant or a commissioned officer, are satisfied on reasonable grounds— (a) That a young person who has been arrested is likely to abscond or be violent; and (b) That suitable facilities for the detention in safe custody of that young person are not available to the chief executive,— the young person may, on the joint certificate in the prescribed form of that senior Social Worker and that member of the Police, be detained in Police custody for a period exceeding 24 hours and until appearance before the Court. (2) Where a senior Social Worker and a member of the Police issue a joint certificate under subsection (1) of this section, there shall, within 5 days after the day on which the certificate is issued, be furnished by the senior Social Worker to the chief executive and by the member of the Police to the Commissioner of Police— (a) A copy of the certificate; and (b) A written report stating— (i) The circumstances in which the certificate came to be issued; and (ii) The duration of the period for which the young person has been detained, or is likely to be detained, in Police custody. Compare: 1974 No 72 s 43(3), (4); 1982 No 135 s 10 Subsections (1)(b) and (2) 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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