sec.48AAAReleasing children in custody—risk assessment

### sec.48AAA Releasing children in custody—risk assessment This section applies if a court or police officer is deciding whether to release a child in custody in connection with a charge of an offence or keep the child in custody. The court or police officer must decide to keep the child in custody if satisfied— if the child is released, there is an unacceptable risk that the child will commit an offence that endangers the safety of the community or the safety or welfare of a person; and it is not practicable to adequately mitigate that risk by imposing particular conditions of release on bail. Also, the court or police officer may decide to keep the child in custody if satisfied that, if the child is released, there is an unacceptable risk that— the child will not surrender into custody in accordance with a condition imposed on the release or a grant of bail to the child; or the child will commit an offence, other than an offence mentioned in subsection (2) (a) ; or the child will interfere with a witness or otherwise obstruct the course of justice, whether for the child or another person. Subsection (5) applies if— the child is before a court; and the court has information indicating there may be an unacceptable risk of a matter mentioned in subsection (2) or (3) , but does not have enough information to properly consider the matter. The court may remand the child in custody while further information about the matter is obtained. s 48AAA ins 2020 No. 19 s 159 (sec.48AAA-ssec.1) This section applies if a court or police officer is deciding whether to release a child in custody in connection with a charge of an offence or keep the child in custody. (sec.48AAA-ssec.2) The court or police officer must decide to keep the child in custody if satisfied— if the child is released, there is an unacceptable risk that the child will commit an offence that endangers the safety of the community or the safety or welfare of a person; and it is not practicable to adequately mitigate that risk by imposing particular conditions of release on bail. (sec.48AAA-ssec.3) Also, the court or police officer may decide to keep the child in custody if satisfied that, if the child is released, there is an unacceptable risk that— the child will not surrender into custody in accordance with a condition imposed on the release or a grant of bail to the child; or the child will commit an offence, other than an offence mentioned in subsection (2) (a) ; or the child will interfere with a witness or otherwise obstruct the course of justice, whether for the child or another person. (sec.48AAA-ssec.4) Subsection (5) applies if— the child is before a court; and the court has information indicating there may be an unacceptable risk of a matter mentioned in subsection (2) or (3) , but does not have enough information to properly consider the matter. (sec.48AAA-ssec.5) The court may remand the child in custody while further information about the matter is obtained. - (a) if the child is released, there is an unacceptable risk that the child will commit an offence that endangers the safety of the community or the safety or welfare of a person; and - (b) it is not practicable to adequately mitigate that risk by imposing particular conditions of release on bail. - (a) the child will not surrender into custody in accordance with a condition imposed on the release or a grant of bail to the child; or - (b) the child will commit an offence, other than an offence mentioned in subsection (2) (a) ; or - (c) the child will interfere with a witness or otherwise obstruct the course of justice, whether for the child or another person. - (a) the child is before a court; and - (b) the court has information indicating there may be an unacceptable risk of a matter mentioned in subsection (2) or (3) , but does not have enough information to properly consider the matter.