An Act to amend the Children (Detention Centres) Act 1987 with respect to the detention of children who fail to comply with bail requirements.
1 Name of Act
This Act is the Children (Detention Centres) Amendment Act 2004.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Children (Detention Centres) Act 1987 No 57
The Children (Detention Centres) Act 1987 is amended as set out in Schedule 1.
Schedule 1 Amendment
(Section 3)
Section 42A
Insert after section 42:42A Admission to detention centre following arrest or apprehension for breach of bail undertaking or conditions(1) A child who is arrested or apprehended under section 50 (1) of the Bail Act 1978, and who is to be detained before being taken before a court, must be detained in a detention centre rather than being detained in a police station.(2) Despite subsection (1), the child may be detained in a police station before being taken before a court if it is impracticable for the child to be detained in a detention centre before being taken before the court.(3) A child who is detained in a police station under subsection (2) must, so far as is reasonably practicable, be detained separately from any adults detained there.(4) While a child is detained in a detention centre under this section, the child is taken to be a person on remand for the purposes of this Act.