Children (Detention Centres) Amendment Act 2004 (NSW)

An Act to amend the Children (Detention Centres) Act 1987 with respect to the detention of children who fail to comply with bail requirements.

1Name of Act

This Act is the Children (Detention Centres) Amendment Act 2004.

2Commencement

This Act commences on the date of assent.

3Amendment of Children (Detention Centres) Act 1987 No 57

The Children (Detention Centres) Act 1987 is amended as set out in Schedule 1.

Schedule 1Amendment

(Section 3)

Insert after section 42:

42AAdmission 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.