Transfer of detained child into legal custody of Chief Commissioner for questioning
13AT Transfer of detained child into legal custody of Chief Commissioner for questioning
S. 13AT inserted by No. 32/2018 s. 9.
This section applies if—
S. 13AT(1)(a) amended by No. 32/2024 s. 1151(1).
a child is being detained under this Part in a youth justice custodial centre; and
a police officer wants to question the child under Division 6.
S. 13AT(2) amended by Nos 47/2021 s. 22(4)(a), 32/2024 s. 1151(1).
An authorised police officer may request the Secretary to release the child from detention in the youth justice custodial centre into the custody of a police officer.
A request under subsection (2) must be accompanied by a written record that—
specifies that a police detention decision has been made in relation to the child; and
sets out the date on which, and time at which, the child was first taken into custody or detained under this Part.
The information in the record under subsection (3) must be sworn or affirmed by the authorised police officer.
S. 13AT(5) amended by Nos 47/2021 s. 22(4)(b), 32/2024 s. 1151(1).
If requested to do so under subsection (2), the Secretary, by instrument, may authorise the release of the child from detention in the youth justice custodial centre into the custody of a police officer.
On the giving of an authorisation under subsection (5), a police officer may take physical custody of the child.
Note to s. 13AT(6) amended by No. 32/2024 s. 1151(2).
Note
See also section 460 of the Youth Justice Act 2024 and section 6D(2AA) of the Corrections Act 1986.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.