Australian Capital Territory Current Acts

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CRIMES ACT 1900 - SECT 252F

Meaning of in the company of a police officer

    (1)     For section 252E (c), a child or young person is in the company of a police officer in connection with the investigation of an offence or possible offence if—

        (a)     the police officer would not allow the child or young person to leave if the child or young person wished to do so; or

        (b)     the child or young person is waiting at a place at the request of a police officer in connection with the investigation of the offence or possible offence.

    (2)     For subsection (1), it does not matter whether or not—

        (a)     the police officer believes on reasonable grounds that the child or young person has committed the offence; or

        (b)     the child or young person is in lawful custody in relation to the offence.

    (3)     However for section 252E (c), a child or young person is not in the company of a police officer in connection with the investigation of an offence or possible offence—

        (a)     if—

              (i)     the child or young person is with a police officer by a roadside (whether or not the child or young person is in a motor vehicle); and

              (ii)     the police officer is investigating an offence or possible offence, other than an indictable offence or possible indictable offence, arising out of the use of a motor vehicle; or

        (b)     if the child or young person is with a police officer for a drug screening test, or breath or oral fluid analysis, under the Road Transport (Alcohol and Drugs) Act 1977

; or

        (c)     for a person aged 16 years old or older, but not yet an adult—if—

              (i)     the person is with a police officer in relation to the investigation of an infringement notice offence or possible infringement notice offence; and

              (ii)     the police officer either intends to serve an infringement notice for the offence on the person, or intends to take no action against the person for the offence.

    (4)     In this section:

"infringement notice"—see the Magistrates Court Act 1930

, section 117.

"infringement notice offence"—see the Magistrates Court Act 1930

, section 117.



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