Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 48AE

48AE Releasing children whose safety is endangered because of offence

(1) This section applies in relation to a child in custody in connection with a charge of an offence.

(2) A court or police officer must not release the child from custody if satisfied—

(a) the child’s safety would be endangered if the child were released; and

(b) the factors endangering the child’s safety arise from the circumstances of the offence; and

(c) in the circumstances, there is no reasonably practicable way of ensuring the child’s safety other than by keeping the child in custody.

(3) A court or police officer must not decide it is satisfied of the matters mentioned in subsection (2) only because—

(a) the child has no apparent family support; or

(b) the child will not have accommodation, or adequate accommodation, on release from custody.