sec.252IIssue of warrant for child in particular circumstances

### sec.252I Issue of warrant for child in particular circumstances A justice may issue a warrant for the child’s arrest if the chief executive— makes a complaint before the justice that the child has contravened a supervised release order; and gives information before the justice, on oath, substantiating— the matter of the complaint; and that the chief executive does not know the child’s whereabouts and can not reasonably find out, or reasonably believes that the child would not comply with a summons. Also, a Childrens Court magistrate may issue a warrant for the child’s arrest if the child fails to appear before the court in answer to a summons under section 252C (2) . A warrant issued under subsection (1) or (2) must state which part of the supervised release order has been contravened. For part 5 , a child arrested under a warrant issued under subsection (1) or (2) must be treated as if arrested on a charge of an offence. If a warrant is issued against a child under subsection (1) or (2) and the child appears before a Childrens Court magistrate other than through the execution of the warrant, the magistrate may cancel the warrant. A period spent by a child in custody on the execution of a warrant issued under subsection (1) or (2) is to be counted as part of the time spent by the child in detention for the purpose of calculating the end of the period of detention from which the child was released. The period spent by the child out of custody after the issue of a warrant under subsection (1) or (2) is not to be counted as part of the time spent by the child in detention for the purpose of calculating the end of the period of detention from which the child was released. s 252I ins 2009 No. 34 s 37 amd 2010 No. 5 s 243 (sec.252I-ssec.1) A justice may issue a warrant for the child’s arrest if the chief executive— makes a complaint before the justice that the child has contravened a supervised release order; and gives information before the justice, on oath, substantiating— the matter of the complaint; and that the chief executive does not know the child’s whereabouts and can not reasonably find out, or reasonably believes that the child would not comply with a summons. (sec.252I-ssec.2) Also, a Childrens Court magistrate may issue a warrant for the child’s arrest if the child fails to appear before the court in answer to a summons under section 252C (2) . (sec.252I-ssec.3) A warrant issued under subsection (1) or (2) must state which part of the supervised release order has been contravened. (sec.252I-ssec.4) For part 5 , a child arrested under a warrant issued under subsection (1) or (2) must be treated as if arrested on a charge of an offence. (sec.252I-ssec.5) If a warrant is issued against a child under subsection (1) or (2) and the child appears before a Childrens Court magistrate other than through the execution of the warrant, the magistrate may cancel the warrant. (sec.252I-ssec.6) A period spent by a child in custody on the execution of a warrant issued under subsection (1) or (2) is to be counted as part of the time spent by the child in detention for the purpose of calculating the end of the period of detention from which the child was released. (sec.252I-ssec.7) The period spent by the child out of custody after the issue of a warrant under subsection (1) or (2) is not to be counted as part of the time spent by the child in detention for the purpose of calculating the end of the period of detention from which the child was released. - (a) makes a complaint before the justice that the child has contravened a supervised release order; and - (b) gives information before the justice, on oath, substantiating— (i) the matter of the complaint; and (ii) that the chief executive does not know the child’s whereabouts and can not reasonably find out, or reasonably believes that the child would not comply with a summons. - (i) the matter of the complaint; and - (ii) that the chief executive does not know the child’s whereabouts and can not reasonably find out, or reasonably believes that the child would not comply with a summons. - (i) the matter of the complaint; and - (ii) that the chief executive does not know the child’s whereabouts and can not reasonably find out, or reasonably believes that the child would not comply with a summons.