Northern Territory Consolidated Acts

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YOUTH JUSTICE ACT 2005 - SECT 22

Charge to be by summons except in certain cases

    (1)     A police officer must not charge a youth at a police station with an offence unless the officer believes on reasonable grounds that:

        (a)     the youth will not appear in court to answer a summons in relation to the offence; or

        (b)     releasing the youth from custody will be accompanied by a substantial risk of:

            (i)     a continuation or repetition of the offence or another offence by the youth; or

            (ii)     the loss or destruction of evidence relating to the offence; or

            (iii)     harm to the youth.

    (2)     If subsection (1)(a) or (b) applies, the officer may, subject to section 21, charge the youth at a police station with the offence and:

        (a)     release the youth on bail; or

        (b)     apply under section 24 for an order that the youth be detained in custody.

    (3)     Subsection (2)(a) does not apply if the offence with which the youth is charged is a prescribed offence as defined in section 3B of the Bail Act 1982 .



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