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YOUTH JUSTICE ACT 1992 - SECT 415
Validation of holding of child remanded in custody before commencement
415 Validation of holding of child remanded in custody before commencement
(1) This section applies if, before the commencement— (a) a child was
remanded in custody by a court; and
(b) the child was subsequently held by
the commissioner of the police service; and
(c) the court did not make an
order under former section 56(4) in relation to the child.
(2) The child is
taken to have been in the lawful custody of the commissioner of the police
service while the child was held by the commissioner.
(3) Anything done in
good faith in relation to the child while the child was held by the
commissioner of the police service is as valid and lawful as it would have
been if the court had made an order under former section 56(4) in relation to
the child.
(4) To remove any doubt, it is declared that, in a proceeding in
which good faith under subsection (3) is relevant, the burden of proof is on
the person who seeks to show a lack of good faith.
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