Youth Justice Act 1992

A police officer may use the police officer’s power of arrest under the Police Powers and Responsibilities Act 2000, section 365(3), without a warrant, to arrest a child for an offence without regard to sections 11 and 12 only if the police officer believes on reasonable grounds—

the arrest is necessary—

to prevent a continuation or a repetition of the offence or the commission of another offence; or

to obtain or preserve, or prevent concealment, loss or destruction of, evidence relating to the offence; or

to prevent the fabrication of evidence; or

to ensure the child’s appearance before a court; or

the child is an adult; or

the child is contravening section 278 or is unlawfully at large.

In deciding for subsection (1)(b) whether the police officer had reasonable grounds, a court may have regard to the child’s apparent age and the circumstances of the arrest.

Also, a police officer may use the police officer’s power of arrest under the Police Powers and Responsibilities Act 2000, section 365(2), without a warrant, to arrest a child without regard to sections 11 and 12.

Also, a police officer may use the police officer’s power of arrest under a warrant issued under the Bail Act 1980 without regard to sections 11 and 12.

To remove any doubt, it is declared that this section does not affect a police officer’s power under the Police Powers and Responsibilities Act 2000, section 365(3), to arrest a child without warrant for a serious offence.