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The Criminal Justice (Children) (Northern Ireland) Order 1998


This is the original version (as it was originally made).

Child arrested in pursuance of warrant to be released

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 serious arrestable 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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