Police Powers and Responsibilities Act 2000

This section applies to an arrested person who is a child.

It is the duty of a police officer to release the child at the earliest reasonable opportunity if—

the reason for arresting the child no longer exists or is unlikely to happen again if the child is released; and

after considering the following, it is more appropriate to deal with the child in a way provided by subsection (3)—

the circumstances of the alleged offence;

the child’s previous history known to the police officer.

For subsection (2)(b), the police officer may decide it is more appropriate—

to take no action; or

to administer a caution to the child under the Youth Justice Act 1992; or

to refer the offence to the chief executive (communities) for a restorative justice process under the Youth Justice Act 1992; or

to take the child before a court by notice to appear or summons.

Subsection (2) does not apply to a child who is arrested if, because of the nature or seriousness of an offence for which the child is a suspect, it is inappropriate to release the child.

Also, subsection (2) does not apply to the arrest of a child by a police officer while the police officer reasonably believes the child is an adult.

In deciding whether the police officer had the reasonable belief, a court may have regard to the child’s apparent age and the circumstances of the arrest.

If the offence in relation to which the child is arrested is a minor drugs offence and the police officer decides to act as mentioned in subsection (3)(a) or (b), the minor drugs matter the subject of the offence is forfeited to the State.