Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 13

13 Police officer’s power of arrest preserved in particular general circumstances

(1) A police officer may use the police officer’s power of arrest under the Police Powers and Responsibilities Act 2000 , section 365 (3) , without a warrant, to arrest a child for an offence without regard to sections 11 and 12 only if the police officer believes on reasonable grounds—

(a) the arrest is necessary—

(i) to prevent a continuation or a repetition of the offence or the commission of another offence; or

(ii) to obtain or preserve, or prevent concealment, loss or destruction of, evidence relating to the offence; or

(iii) to prevent the fabrication of evidence; or

(iv) to ensure the child’s appearance before a court; or

Note—

Under the youth justice principles in schedule 1 , it is a principle of this Act that a child should be detained in custody for an offence, whether on arrest, remand or sentence, only as a last resort and for the least time that is justified in the circumstances.

(b) the child is an adult; or

(c) the child is contravening section 278 or is unlawfully at large.

(2) In deciding for subsection (1) (b) whether the police officer had reasonable grounds, a court may have regard to the child’s apparent age and the circumstances of the arrest.

(3) Also, a police officer may use the police officer’s power of arrest under the Police Powers and Responsibilities Act 2000 , section 365 (2) , without a warrant, to arrest a child without regard to sections 11 and 12 .

(4) Also, a police officer may use the police officer’s power of arrest under a warrant issued under the Bail Act 1980 without regard to sections 11 and 12 .

(5) To remove any doubt, it is declared that this section does not affect a police officer’s power under the Police Powers and Responsibilities Act 2000 , section 365 (3) , to arrest a child without warrant for a serious offence.