Youth

Question 1

Section 214(1) OT Act
Arrest of child or young person without warrant

Answer 1

An officer shall not arrest a child or young person unless that officer is satisfied, on reasonable grounds-

• that it is necessary to arrest that child or you ng person without warrant for the purpose of
• ensuring the CYP appearance in court
• preventing CYP from committing further offences
• preventing loss or destruction of evidence relating to an offence committed by CYP or an offence where an officer has reasonable cause to suspect the CYP of having committed.
• preventing interference with witnesses

Where proceeding by way of summons may not achieve this purpose

Question 2

Section 214(2) OT Act
Arrest of child or young person without warrant

Answer 2

Nothing in subsection 1 of this section prevents a constable from arresting a CYP without warrant on a charge of any offence where

The constable has reasonable cause to suspect that the CYP has committed a category 3 or 4 offence for which the maximum penalty is imprisonment for life or at least 14 years

And

A constable believes on reasonable grounds that the arrest of the CYP is required in the public interest

Question 3

Section 214(3) OT Act
Arrest of child or young person without warrant

Answer 3

Every enforcement officer who arrests a CYP without warrant shall, within 3 days of making the arrest, furnish a written report to the commissioner of Police

Every report shall state the reason why the CYP was arrested without warrant