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Youth Justice Act 2005
16Guidelines in relation to arrest of youths
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16 Guidelines in relation to arrest of youths
(1) The Commissioner of Police may, by general orders issued under
the Police Administration Act 1978, issue guidelines, not
inconsistent with that Act or this Act, in relation to the arrest of
youths and the investigation of offences committed or believed to
have been committed by youths.
(2) The arrest of a youth in relation to an offence, without a warrant but
in accordance with the guidelines referred to in subsection (1), is
not unlawful only because:
(a) an authorised officer does not consent to a prosecution in
relation to the matter; or
(b) it subsequently appears, or it is found by a court or a jury, that
the youth did not commit the offence.
(3) The arrest of a youth is not unlawful only because the police officer
arresting the youth did not do so in accordance with this Act or the
guidelines if, at the time of the arrest the officer reasonably believed
that the person arrested was not a youth.
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