Section 239 — Children, Young Persons, and Their Families Act 1989: Restrictions on power of Court to order child or young person to be detained in custody

239 Restrictions on power of Court to order child or young person to be detained in custody (1) The Court shall not make an order under section 238(1)(d) of this Act for the detention of a child or young person in the custody of the chief executive or an Iwi Social Service or a Cultural Social Service unless it appears to the Court that pending the determination of the charge— (a) The child or young person is likely to abscond; or (b) The child or young person may commit further offences; or (c) It is necessary to prevent the loss or destruction of evidence relating to the offence with which the child or young person is charged or prevent interference with any witness in respect of any such offence. (2) The Court shall not make an order under section 238(1)(e) of this Act for the detention of a child or young person in Police custody unless the Court is satisfied— (a) That the child or young person is likely to abscond or be violent; and (b) That suitable facilities for the detention in safe custody of that child or young person are not available to the chief executive. (3) [Expired] Compare: 1974 No 72 s 43(6); 1982 No 135 s 10 Subsection (1) 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 ” . Subsections (1) and (2)(b) 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 ” . Subsection (3) was inserted, as from 30 June 2002, by section 162 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). Subsection (3) expired, as from 30 June 2004, pursuant to section 239A Children, Young Persons, and their Families Act 1989 (1989 No 24).