sec.59APolice officers must consider alternatives to arrest for contraventions of bail conditions

### sec.59A Police officers must consider alternatives to arrest for contraventions of bail conditions This section applies if— a police officer reasonably suspects a child has contravened or is contravening a condition imposed on a grant of bail to the child; and the contravention is not an offence, other than an offence against the Bail Act 1980 , section 29 ; and the grant of bail relates to a charge of an offence other than— a prescribed indictable offence; or an offence against the Domestic and Family Violence Prevention Act 2012 , section 177 (2) or 178 (2) . This section also applies if a police officer reasonably suspects a child is likely to contravene a condition imposed on a grant of bail to the child and the grant of bail relates to a charge of an offence other than an offence mentioned in subsection (1) (c) (i) or (ii) . Before arresting the child under the Police Powers and Responsibilities Act 2000 , section 367 (3) (a) (i) in relation to the contravention or likely contravention, a police officer must first consider whether, in all the circumstances, it would be more appropriate to do 1 of the following— to take no action; to warn the child of the action a police officer may take under paragraph (c) or the Police Powers and Responsibilities Act 2000 , section 367 (3) in relation to a contravention of a condition imposed on the grant of bail; if the contravention or likely contravention is in relation to a condition other than a condition for the child’s appearance before a court—to make an application under the Bail Act 1980 to vary or revoke the bail. For subsection (3) , the circumstances the police officer must consider include the following— the seriousness of the contravention or likely contravention; whether the child has a reasonable excuse for the contravention or likely contravention; the child’s particular circumstances of which the police officer is aware; other relevant circumstances of which the police officer is aware. If a police officer considers that, in all the circumstances, it would be more appropriate to act as mentioned in subsection (3) (a) , (b) or (c) , then a police officer must do so. s 59A prev s 59A ins 2014 No. 9 s 5 om 2016 No. 38 s 8 pres s 59A ins 2019 No. 23 s 18 amd 2023 No. 3 s 15 (sec.59A-ssec.1) This section applies if— a police officer reasonably suspects a child has contravened or is contravening a condition imposed on a grant of bail to the child; and the contravention is not an offence, other than an offence against the Bail Act 1980 , section 29 ; and the grant of bail relates to a charge of an offence other than— a prescribed indictable offence; or an offence against the Domestic and Family Violence Prevention Act 2012 , section 177 (2) or 178 (2) . (sec.59A-ssec.2) This section also applies if a police officer reasonably suspects a child is likely to contravene a condition imposed on a grant of bail to the child and the grant of bail relates to a charge of an offence other than an offence mentioned in subsection (1) (c) (i) or (ii) . (sec.59A-ssec.3) Before arresting the child under the Police Powers and Responsibilities Act 2000 , section 367 (3) (a) (i) in relation to the contravention or likely contravention, a police officer must first consider whether, in all the circumstances, it would be more appropriate to do 1 of the following— to take no action; to warn the child of the action a police officer may take under paragraph (c) or the Police Powers and Responsibilities Act 2000 , section 367 (3) in relation to a contravention of a condition imposed on the grant of bail; if the contravention or likely contravention is in relation to a condition other than a condition for the child’s appearance before a court—to make an application under the Bail Act 1980 to vary or revoke the bail. (sec.59A-ssec.4) For subsection (3) , the circumstances the police officer must consider include the following— the seriousness of the contravention or likely contravention; whether the child has a reasonable excuse for the contravention or likely contravention; the child’s particular circumstances of which the police officer is aware; other relevant circumstances of which the police officer is aware. (sec.59A-ssec.5) If a police officer considers that, in all the circumstances, it would be more appropriate to act as mentioned in subsection (3) (a) , (b) or (c) , then a police officer must do so. - (a) a police officer reasonably suspects a child has contravened or is contravening a condition imposed on a grant of bail to the child; and - (b) the contravention is not an offence, other than an offence against the Bail Act 1980 , section 29 ; and - (c) the grant of bail relates to a charge of an offence other than— (i) a prescribed indictable offence; or (ii) an offence against the Domestic and Family Violence Prevention Act 2012 , section 177 (2) or 178 (2) . - (i) a prescribed indictable offence; or - (ii) an offence against the Domestic and Family Violence Prevention Act 2012 , section 177 (2) or 178 (2) . - (i) a prescribed indictable offence; or - (ii) an offence against the Domestic and Family Violence Prevention Act 2012 , section 177 (2) or 178 (2) . - (a) to take no action; - (b) to warn the child of the action a police officer may take under paragraph (c) or the Police Powers and Responsibilities Act 2000 , section 367 (3) in relation to a contravention of a condition imposed on the grant of bail; - (c) if the contravention or likely contravention is in relation to a condition other than a condition for the child’s appearance before a court—to make an application under the Bail Act 1980 to vary or revoke the bail. - (a) the seriousness of the contravention or likely contravention; - (b) whether the child has a reasonable excuse for the contravention or likely contravention; - (c) the child’s particular circumstances of which the police officer is aware; - (d) other relevant circumstances of which the police officer is aware.