QLDIn ForceAct
Youth Justice Act 1992
sec.59AAPolice officers may consider alternatives to arrest for contraventions of bail conditions—bail granted for serious indictable offence etc.
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### sec.59AA Police officers may consider alternatives to arrest for contraventions of bail conditions—bail granted for serious indictable offence etc.
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 a prescribed indictable offence; or
a charge of an offence against the Domestic and Family Violence Protection 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 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 may first consider whether, in all the circumstances, it would be more appropriate to do 1 of the actions mentioned in section 59A (3) (a) to (c) .
For subsection (3) , the circumstances the police officer may consider include the matters mentioned in section 59A (4) (a) to (d) .
s 59AA prev s 59AA ins 2014 No. 9 s 5
om 2016 No. 38 s 8
pres s 59AA ins 2023 No. 3 s 16
(sec.59AA-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 a prescribed indictable offence; or a charge of an offence against the Domestic and Family Violence Protection Act 2012 , section 177 (2) or 178 (2) .
(sec.59AA-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 mentioned in subsection (1) (c) (i) or (ii) .
(sec.59AA-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 may first consider whether, in all the circumstances, it would be more appropriate to do 1 of the actions mentioned in section 59A (3) (a) to (c) .
(sec.59AA-ssec.4) For subsection (3) , the circumstances the police officer may consider include the matters mentioned in section 59A (4) (a) to (d) .
- (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— (i) a charge of a prescribed indictable offence; or (ii) a charge of an offence against the Domestic and Family Violence Protection Act 2012 , section 177 (2) or 178 (2) .
- (i) a charge of a prescribed indictable offence; or
- (ii) a charge of an offence against the Domestic and Family Violence Protection Act 2012 , section 177 (2) or 178 (2) .
- (i) a charge of a prescribed indictable offence; or
- (ii) a charge of an offence against the Domestic and Family Violence Protection Act 2012 , section 177 (2) or 178 (2) .