Releasing children whose safety is endangered because of offence
48AE Releasing children whose safety is endangered because of offence
This section applies in relation to a child in custody in connection with a charge of an offence.
A court or police officer must not release the child from custody if satisfied—
the child’s safety would be endangered if the child were released; and
the factors endangering the child’s safety arise from the circumstances of the offence; and
in the circumstances, there is no reasonably practicable way of ensuring the child’s safety other than by keeping the child in custody.
A court or police officer must not decide it is satisfied of the matters mentioned in subsection (2) only because—
the child has no apparent family support; or
the child will not have accommodation, or adequate accommodation, on release from custody.
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