Youth Justice Act 1992

This section applies if—

a police officer reasonably suspects a child has contravened or is contravening a condition imposed on a grant of bail to the child; and

the contravention is not an offence, other than an offence against the Bail Act 1980, section 29; and

the grant of bail relates to a charge of an offence other than—

a prescribed indictable offence; or

an offence against the Domestic and Family Violence Prevention Act 2012, section 177(2) or 178(2).

This section also applies if a police officer reasonably suspects a child is likely to contravene a condition imposed on a grant of bail to the child and the grant of bail relates to a charge of an offence other than an offence mentioned in subsection (1)(c)(i) or (ii).

Before arresting the child under the Police Powers and Responsibilities Act 2000, section 367(3)(a)(i) in relation to the contravention or likely contravention, a police officer must first consider whether, in all the circumstances, it would be more appropriate to do 1 of the following—

to take no action;

to warn the child of the action a police officer may take under paragraph (c) or the Police Powers and Responsibilities Act 2000, section 367(3) in relation to a contravention of a condition imposed on the grant of bail;

if the contravention or likely contravention is in relation to a condition other than a condition for the child’s appearance before a court—to make an application under the Bail Act 1980 to vary or revoke the bail.

For subsection (3), the circumstances the police officer must consider include the following—

the seriousness of the contravention or likely contravention;

whether the child has a reasonable excuse for the contravention or likely contravention;

the child’s particular circumstances of which the police officer is aware;

other relevant circumstances of which the police officer is aware.

If a police officer considers that, in all the circumstances, it would be more appropriate to act as mentioned in subsection (3)(a), (b) or (c), then a police officer must do so.