Child Act 2001 · Updated to 1 Jul 2023 · Part X · Criminal Procedure in Court for Children
Section 83a
Feedback & supportA child who is arrested shall not be handcuffed unless—
the offence with which he is arrested for is a grave crime; or
grave crime
“grave crime” includes— (a) the offences of murder, culpable homicide not amounting to murder or attempted murder; (b) all offences under the Firearms (Increased Penalties) Act 1971; (c) all offences under the *Internal Security Act 1960 punishable with imprisonment for life or with death; (d) all offences under the Dangerous Drugs Act 1952 punishable with imprisonment for more than five years or with death; and (e) all offences under the Kidnapping Act 1961;
the child forcibly resists the endeavour to arrest him or attempts to evade the arrest.
When a child is arrested, he shall be informed of his grounds of arrest, and a police officer shall, as soon as may be,
WJW22/0178 BI.indd 95 04/08/2023 3:33 PM before commencing any form of questioning or recording of any statement from the child, communicate to the parent or guardian, or relative of the child and a probation officer to inform—
guardian
“guardian”, in relation to a child, includes any person who, in the opinion of the Court For Children having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child;
the child’s whereabouts;
the grounds of the child’s arrest; and
the right to consult with a counsel of the child’s choice.
A police officer may allow the probation officer and the parent or guardian of a child to be present at the place where the child is being detained after arrest to ensure the child’s welfare.
probation officer
“probation officer” means a probation officer appointed under section 10;
Nothing in this section shall be deemed to affect the powers of a police officer to deal with a child arrested in accordance with the Criminal Procedure Code.