346Child in custody to be brought before Court or bail justice

346 Child in custody to be brought before Court or bail justice (1) Subject to this section, the provisions of Subdivision (30A) of Division 1 of Part III of the **Crimes Act 1958** apply to the custody and investigation of a child. S. 346(2) amended by No. 3/2018 s. 25(1). (2) Subject to subsection (3), a child taken into custody must be— (a) released unconditionally; or S. 346(2)(b) amended by No. 26/2017 s. 19(1). (b) released on bail in accordance with the **Bail Act 1977**; or (c) brought before the Court; or (d) if the Court is not sitting at any convenient venue, brought before a bail justice— within a reasonable time of being taken into custody but not later than 24 hours after being taken into custody. S. 346(3) amended by No. 26/2012 s. 3(1), repealed by No. 1/2016 s. 18(1)(a), new s. 346(3) inserted by No. 3/2018 s. 25(2). (3) Subsection (2) does not apply if bail may only be granted to a child by a court. In such a case the child must be brought before the Court as soon as practicable and— (a) no later than the next working day after being taken into custody; or (b) if the proper venue of the Court is in a prescribed region of the State, within 2 working days after being taken into custody. S. 346(4) repealed by No. 1/2016 s. 18(1)(a). S. 346(5) amended by No. 26/2012 s. 3(2), repealed by No. 1/2016 s. 18(1)(a). (6) The **Bail Act 1977** (to the extent that it is not inconsistent with this section) applies to an application for bail by a child. Note to s. 346(6) inserted by No. 1/2016 s. 18(2), substituted by Nos 26/2017 s. 19(2), 28/2023 s. 117. The **Bail Act 1977** contains provisions that are particular to children. These include the following— - section 3B (determination in relation to a child); - section 5AA (conditions of bail granted to a child in certain circumstances); - section 10(3) (power of police officer, sheriff or authorised person to grant or refuse bail); - section 10A(3) and (6) (power of bail justice to grant or refuse bail); - section 12(4) and (5) (power of court to grant or refuse bail); - section 16B (capacity of child to give bail undertaking); - section 24(3A) (arrest of person released on bail); Additionally, section 3A (determination in relation to an Aboriginal person) applies if the child is an Aboriginal person. S. 346(7) amended by Nos 37/2014 s. 10(Sch. item 18.12), 61/2014 s. 80, repealed by No. 1/2016 s. 18(1)(a). S. 346(8)(9) repealed by No. 1/2016 s. 18(1)(a). S. 346(10) amended by Nos 68/2009 s. 63, 37/2014 s. 10(Sch. item 18.12), repealed by No. 1/2016 s. 18(1)(a).