PART IIIARREST AND DETENTION
Child apparently under 14 arrested without warrant for offence other than homicide to be released7
1
This Article applies where a child apparently under the age of 14 is arrested without warrant for an offence other than homicide.
2
If the child cannot forthwith be brought before a magistrates' court, the custody officer shall inquire into the case.
3
Subject to paragraph (5), the child 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.
4
A recognizance entered into in pursuance of paragraph (3) 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 Magistrates' Courts (Northern Ireland) Order 1981.
5
Paragraph (3) 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.