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The Criminal Justice (Children) (Northern Ireland) Order 1998
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- 1998 No. 1504 (N.I. 9)
- PART III
- Article 6
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- Order transfer of functions by S.I. 2010/976 art. 4(1)(2) Sch. 1
- Order words substituted by 2009 c. 1 (N.I.) Sch. 6 para. 1(1)(d)
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 44A-44G words substituted by 2002 c. 26 s. 56 (as amended) by S.I. 2010/976 Sch. 13 para. 11
- art. 44E(5) words substituted by 2002 c. 26 s. 56 (as amended) by S.I. 2010/976 Sch. 13 para. 11
Commencement Orders yet to be applied to the The Criminal Justice (Children) (Northern Ireland) Order 1998:
Commencement Orders
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Commencement Orders bringing legislation that affects this Order into force:
- S.R. 2009/120 art. 2 commences (S.I. 2008/1216 (N.I.))
- S.R. 2010/142 art. 2 commences (S.I. 1999/2789 (N.I.))
Child arrested in pursuance of warrant to be releasedN.I.
6.—(1) A child arrested in pursuance of a warrant shall be released if the child or his parent or guardian (with or without sureties) enters into a recognizance for such amount as the custody officer considers will secure the attendance of the child at the hearing of the charge.
(2) A recognizance entered into in pursuance of paragraph (1) may be—
(a)taken before the officer;
(b)conditioned for the attendance of the parent or guardian at the hearing in addition to the child;
(c)enforced in the same manner as a recognizance to appear before a court may be enforced under Article 138 of the [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981.
(3) Paragraph (1) shall not apply if the custody officer considers that—
(a)the child was arrested for a [F1indictable] offence; or
(b)for the protection of the public the child should not be released.
(4) In this Order “custody officer” means a member of the Royal Ulster Constabulary performing the functions of custody officer (within the meaning of the [1989 NI 12.] Police and Criminal Evidence (Northern Ireland) Order 1989) at the police station to which the child is brought.
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F1Words in art. 6(3)(a) substituted (1.3.2007) by Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/288 (N.I. 2)), arts. 1(2), 15(4), Sch. 1 para. 34(2)
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