Youth Justice Act 2005

The Commissioner of Police may, by general orders issued under the Police Administration Act 1978, issue guidelines, not inconsistent with that Act or this Act, in relation to the arrest of youths and the investigation of offences committed or believed to have been committed by youths.

The arrest of a youth in relation to an offence, without a warrant but in accordance with the guidelines referred to in subsection (1), is not unlawful only because:

an authorised officer does not consent to a prosecution in relation to the matter; or

it subsequently appears, or it is found by a court or a jury, that the youth did not commit the offence.

The arrest of a youth is not unlawful only because the police officer arresting the youth did not do so in accordance with this Act or the guidelines if, at the time of the arrest the officer reasonably believed that the person arrested was not a youth.