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reg 8

When apprehended child may be held in police cell

In force
Part 2Preventing inhalation and protecting health and safety
Division 2Holding apprehended child in police cell

8 When apprehended child may be held in police cell

(1) For section 24 of the Act, an apprehended child may be held in protective custody inside a cell at a police station only if all of the following circumstances apply:

(a)

the police station is in a council area;

(b)

the apprehended child resides in the council area;

(c) a member of the community council for the council area has been consulted by the responsible officer for the apprehended child and has approved the child being held inside a cell at the police station;

(d) the apprehended child is under the direct care and supervision of an approved carer while being held inside the cell;

(e) there is an emergency response plan for the police station in relation to an apprehended child being held in a cell.

(2) If the apprehended child resides in a part of the council area for which there is a local authority, the reference in subregulation (1)(c) to a member of the community council includes a reference to a member of the local authority.

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