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Children and Young Persons (Care and Protection) Act 1998
246Separation of children and young persons from offenders
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#### 246 Separation of children and young persons from offenders
246 Separation of children and young persons from offenders
> > (1) A child or young person who is in the care responsibility of the Secretary or in the parental responsibility of the Minister under this Act must not be accommodated in—
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> > > (a) premises for the accommodation of persons who have committed offences, or
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> > > (b) premises for the accommodation of persons who are on remand awaiting proceedings in respect of offences alleged to have been committed by them.
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> > Note.
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> > This provision does not prevent a child or young person who has committed an offence from being accommodated in a residential facility (as distinct from a juvenile justice facility or an adult facility).
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> > (2) Subsection (1) does not apply in respect of a child or young person who—
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> > > (a) is on remand, or
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> > > (b) is subject to an order under section 33(1)(g) of the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055).
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> > (3) If a child or young person in the care responsibility of the Secretary or in the parental responsibility of the Minister under this Act is detained by the police on a warrant issued for his or her arrest, the child or young person cannot be held in a detention centre (within the meaning of the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057)) pending his or her appearance in court.
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> **s 246:** Am 2006 No 60, Sch 1 \[74\]; 2006 No 95, Sch 3 \[20\] \[21\].