NTIn ForceAct
Youth Justice Act 2005
22Charge to be by summons except in certain cases
Start here
Get a plain-English read of 22
Turn the raw legal text into a practical explanation grounded in Youth Justice Act 2005.
22 Charge to be by summons except in certain cases
(1) A police officer must not charge a youth at a police station with an
offence unless the officer believes on reasonable grounds that:
(a) the youth will not appear in court to answer a summons in
relation to the offence; or
(b) releasing the youth from custody will be accompanied by a
substantial risk of:
(i) a continuation or repetition of the offence or another
offence by the youth; or
(ii) the loss or destruction of evidence relating to the
offence; or
(iii) harm to the youth.
(2) If subsection (1)(a) or (b) applies, the officer may, subject to
section 21, charge the youth at a police station with the offence
and:
(a) release the youth on bail; or
(b) apply under section 24 for an order that the youth be detained
in custody.
(3) Subsection (2)(a) does not apply if the offence with which the youth
is charged is an offence to which section 7A(1) of the Bail Act 1982
applies.