Queensland Consolidated Acts

YOUTH JUSTICE ACT 1992 - SECT 59A

59A Police officers must consider alternatives to arrest for contraventions of bail conditions

(1) This section applies if—

(a) a police officer reasonably suspects a child has contravened or is contravening a condition imposed on a grant of bail to the child; and

(b) the contravention is not an offence, other than an offence against the Bail Act 1980 , section 29 ; and

(c) the grant of bail relates to a charge of an offence other than—

(i) a prescribed indictable offence; or

(ii) an offence against the Domestic and Family Violence Prevention Act 2012 , section 177 (2) or 178 (2) .

(2) This section also applies if a police officer reasonably suspects a child is likely to contravene a condition imposed on a grant of bail to the child and the grant of bail relates to a charge of an offence other than an offence mentioned in subsection (1) (c) (i) or (ii) .

(3) Before arresting the child under the Police Powers and Responsibilities Act 2000 , section 367 (3) (a) (i) in relation to the contravention or likely contravention, a police officer must first consider whether, in all the circumstances, it would be more appropriate to do 1 of the following—

(a) to take no action;

(b) to warn the child of the action a police officer may take under paragraph (c) or the Police Powers and Responsibilities Act 2000 , section 367 (3) in relation to a contravention of a condition imposed on the grant of bail;

(c) if the contravention or likely contravention is in relation to a condition other than a condition for the child’s appearance before a court—to make an application under the Bail Act 1980 to vary or revoke the bail.

(4) For subsection (3) , the circumstances the police officer must consider include the following—

(a) the seriousness of the contravention or likely contravention;

(b) whether the child has a reasonable excuse for the contravention or likely contravention;

(c) the child’s particular circumstances of which the police officer is aware;

(d) other relevant circumstances of which the police officer is aware.

(5) If a police officer considers that, in all the circumstances, it would be more appropriate to act as mentioned in subsection (3) (a) , (b) or (c) , then a police officer must do so.