15Securing the presence at hearing of a suspect or charged person who is under 15 and not in custody

15 Securing the presence at hearing of a suspect or charged person who is under 15 and not in custody

(1)  [Section 15 Subsection (1) amended by No. 28 of 2014, s. 9, Applied:17 Dec 2014] This section applies to a suspect or charged person who is between 10 and 14 years of age (both years inclusive) and is not in custody.

(2)  On the application of a police officer, a magistrate may –

(a) issue a summons for the appearance of a suspect or charged person at the hearing of a forensic procedure application; or

(b) issue a warrant for the arrest of a suspect or charged person for the purpose of bringing the suspect or charged person before a magistrate for the hearing of a forensic procedure application.

(3)  A magistrate may issue a warrant only if satisfied –

(a) that the arrest of the suspect or charged person is necessary to ensure the appearance of the suspect or charged person at the hearing of the forensic procedure application; or

(b) that the suspect or charged person, or his or her parent, might destroy evidence that might be obtained by carrying out the forensic procedure; or

(c) that the issue of the warrant is otherwise justified.

(4)  The Justices Act 1959 applies in respect of a summons issued under subsection (2) .