11No preventative detention orders for children

11 No preventative detention orders for children (1) A preventative detention order cannot be applied for, or made, for a child. Note 1 Child means an individual who is under 18 years old (see Legislation Act, dict, pt 1). Note 2 An application for a preventative detention order for a person must include the following (see s 17 (1) (g), (h) and (m)): • a statement about the information the applicant has about the person’s age • the inquiries the applicant has made about the person’s age • a statement that the applicant is satisfied that the person for whom the order is sought is not a child. (2) If a person is being detained under a preventative detention order, and the police officer detaining the person suspects, or has any grounds to suspect, that the person may be a child— (a) the police officer must immediately make reasonable inquiries about the person’s age; and

(b) if, after making the inquiries, the police officer believes on reasonable grounds that the person is a child, the police officer must release the person from detention under the order as soon as practicable and, unless there is some other basis for detaining the child— (i) arrange for the child to be escorted by a police officer to the child’s home; or (ii) arrange for a person with parental responsibility for the child to collect the child from the place where the child is detained; or (iii) release the child. (3) If a police officer releases a child under subsection (2) (b) (iii), the police officer must tell the CYP director-general about the release as soon as practicable after the release. (4) A police officer commits an offence if the police officer fails to comply with subsection (2) (a) or (b). CYP director-general means the director-general responsible for the Children and Young People Act 2008. person with parental responsibility, for a child—means a person who has parental responsibility for the child under the Children and Young People Act 2008, division 1.3.2.