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.