Section 238 — Children, Young Persons, and Their Families Act 1989: Custody of child or young person pending hearing

238 Custody of child or young person pending hearing (1) Where a child or young person appears before a Youth Court, the Court shall— (a) Release the child or young person; or (b) Release the child or young person on bail; or (c) Order that the child or young person be delivered into the custody of the parents or guardians or other persons having the care of the child or young person or any person approved by a Social Worker for the purpose; or (d) Subject to section 239(1) of this Act, order that the child or young person be detained in the custody of the chief executive, an Iwi Social Service, or a Cultural Social Service; or (e) Subject to section 239(2) of this Act, order that the child or young person be detained in Police custody. (1A) [Expired] (1B) [Expired] (1C) [Expired] (2) The Court shall not refuse bail to a child or young person merely because the Court considers that the 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(6); 1982 No 135 s 10 Subsection (1)(d) was amended, as from 8 January 1995, by section 46 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “ Iwi Social Service, or a Cultural Social Service ” for “ Iwi Authority, or a Cultural Authority ” . Subsection (1)(d) was 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 ” . Subsections (1A) to (1C) were inserted, as from 30 June 2002, by section 161 Sentencing Act 2002 (2002 No 9). See sections 148 to 160 of that Act for the savings and transitional provisions. See clause 2 Sentencing Act Commencement Order 2002 (SR 2002/176). Subsections (1A) to (1C) expired, as from 30 June 2004, pursuant to section 239A Children, Young Persons, and their Families Act 1989 (1989 No 24).