Australian Capital Territory Current Acts

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CRIMES ACT 1900 - SECT 252A

Warrant for arrest of child under the age of criminal responsibility

    (1)     An issuing officer may issue a warrant for the arrest of a child under the age of criminal responsibility only if the issuing officer believes on reasonable grounds that the child has carried out, or is carrying out, conduct that—

        (a)     makes up the physical elements of an offence; or

        (b)     poses a risk to community safety or the child.

    (2)     However, the issuing officer must not issue a warrant unless a police officer has given the issuing officer an affidavit setting out—

        (a)     the reasons why the warrant is sought; and

        (b)     any evidence the police officer believes supports the warrant's issue.

    (3)     If the issuing officer issues a warrant, the issuing officer must write on the warrant which of the reasons stated in the affidavit, and any other reasons, the officer has relied on as justifying the issue of the warrant.



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