Charge to be by summons except in certain cases
22 Charge to be by summons except in certain cases
A police officer must not charge a youth at a police station with an offence unless the officer believes on reasonable grounds that:
the youth will not appear in court to answer a summons in relation to the offence; or
releasing the youth from custody will be accompanied by a substantial risk of:
a continuation or repetition of the offence or another offence by the youth; or
the loss or destruction of evidence relating to the offence; or
harm to the youth.
If subsection (1)(a) or (b) applies, the officer may, subject to section 21, charge the youth at a police station with the offence and:
release the youth on bail; or
apply under section 24 for an order that the youth be detained in custody.
Subsection (2)(a) does not apply if the offence with which the youth is charged is an offence to which section 7A(1) of the Bail
Act 1982 applies.
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