154Child in custody to be brought before Children's Court or bail justice

154 Child in custody to be brought before Children's Court or bail justice

(1) Subject to this section, Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958 applies to the custody and investigation of a child.

(2) Within a reasonable time of being taken into custody, but not later than 24 hours after being taken into custody, a child must be—

(a) released unconditionally; or

(b) released on bail in accordance with the Bail Act 1977; or

(c) brought before the Children's Court; or

(d) if the Children's Court is not sitting at any convenient venue, brought before a bail justice.

(3) Subsection (2) does not apply if bail may only be granted to a child by a court, in which case the child must be brought before the Children's Court as soon as practicable and—

(a) no later than the next working day after being taken into custody; or

(b) if the proper venue of the Children's Court is in a prescribed region of the State, within 2 working days after being taken into custody.

(4) The Bail Act 1977 applies to an application for bail by a child to the extent that it is not inconsistent with this section.

The Bail Act 1977 contains provisions that are particular to children. These include the following—

• section 3B (determination in relation to a child);

• section 5AA (conditions of bail granted to a child in certain circumstances);

• section 10(3) (power of police officer, sheriff or authorised person to grant or refuse bail);

• section 10A(3) and (6) (power of bail justice to grant or refuse bail);

• section 12(4) and (5) (power of court to grant or refuse bail);

• section 16B (capacity of child to give bail undertaking);

• section 24(3A) (arrest of person released on bail).

Additionally, section 3A (determination in relation to an Aboriginal person) applies if the child is an Aboriginal person.