Part 4Youth justice
Custody of child or young person following arrest or pending hearing
236Young person who is arrested may be detained in Police custody
Notwithstanding the provisions of sections 234 and 235 but subject to section 244, where the chief executive (acting through the chief executive’s delegate) and a constable, being a senior sergeant or a constable who is of or above the level of position of inspector, are satisfied on reasonable grounds—
- that a young person who has been arrested is likely to abscond or be violent; and
- that suitable facilities for the detention in safe custody of that young person are not available to the chief executive,—
If a joint certificate is issued under subsection (1), there shall, within 5 days after the day on which the certificate is issued, be furnished by the delegate to the chief executive and by the constable to the Commissioner of Police—
- a copy of the certificate; and
- a written report stating—
- the circumstances in which the certificate came to be issued; and
- the duration of the period for which the young person has been detained, or is likely to be detained, in Police custody.
- the circumstances in which the certificate came to be issued; and
Any delegation by the chief executive of a function or power under this section must be made to a senior employee or senior employees of the department.
Compare
- 1974 No 72 s 43(3), (4)
- 1982 No 135 s 10
Notes
- Section 236(1): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
- Section 236(1): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
- Section 236(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
- Section 236(1): amended, on , pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).
- Section 236(1)(b): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
- Section 236(2): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
- Section 236(2): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
- Section 236(3): inserted, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

