26ENo preventative detention order in relation to person under 16 years of age

26E No preventative detention order in relation to person under 16 years of age

26E No preventative detention order in relation to person under 16 years of age

(1) A preventative detention order cannot be applied for, or made, in relation to a person who is under 16 years of age.

(2) If—

(a) a person is being detained under a preventative detention order (or a purported such order), and

(b) the police officer who is detaining the person is satisfied on reasonable grounds that the person is under 16 years of age,

the police officer must release the person, as soon as practicable, from detention under the order.

(3) The person is to be released into the care of a parent or other appropriate person.

s 26E: Ins 2005 No 114, Sch 1 [1]. Am 2007 No 97, Sch 4.1 [4].