Young Offenders Act 1993
Part 3Arrest and custody of suspected offenders
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Part 3—Arrest and custody of suspected offenders 14—Application of general law (1) The law of the State relating to criminal investigation, arrest, bail, remand and custody before proceedings for an offence are finally determined applies, subject to this Act, to youths with necessary adaptations and any further adaptations and modifications that may be set out in the regulations. (2) If a youth is arrested on suspicion of having committed an offence, and the youth is to be dealt with under this Act for the offence, the officer responsible for the arrest and custody of the youth must, as soon as practicable after the arrest— (a) explain to the youth the nature of the allegations against him or her; and (b) inform the youth of his or her right to seek legal representation; and (c) take all reasonable steps to inform— (i) the guardian of the youth; (ii) if a guardian is not available—an adult person nominated by the youth who has had a close association with the youth or has been counselling, advising or aiding the youth, of the arrest and invite him or her to be present during any interrogation or investigation to which the youth is subjected while in custody. 15—How youth is to be dealt with if not granted bail (1) Subject to this section, if a youth is not granted bail under the Bail Act 1985, the youth must be detained by the Chief Executive with a person (where practicable), or in a place (other than a prison), approved by the Minister. (1a) Subsection (1) does not apply in relation to— (a) a youth who is already, or has previously been, in custody in a prison; or (b) a person who, at the time bail is not granted, is aged 21 years or more (regardless of the alleged age of the person at the time of the relevant alleged offence). (2) If a youth is arrested outside an area specified in the regulations and it is not reasonably practicable to detain the youth as provided by subsection (1), the youth may be detained— (a) in a police prison; or (b) in a police station, watch-house or lock-up approved by the Minister. (3) If a youth is detained in a police prison, police station, watch-house or lock-up in accordance with subsection (2), the person for the time being in charge of the police prison, police station, watch-house or lock-up must take such steps as are reasonably practicable to keep the youth from coming into contact with any adult person detained in that place.