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Section 86

Custody of child not discharged on bail after arrest

of Child Act 2001

ActIn forceProvision 98 of 155
Section 86
(1)

If a child having been arrested and while awaiting trial before a Court For Children is not released under section 84, the

Court For Children before whom the child is brought shall cause him to be detained in a place of detention provided under this

Act until he can be brought before the Court having jurisdiction unless the Court For Children certifies that—

(a)

it is impracticable to do so;

(b)

he is of so unruly or depraved a character that he cannot be safely so detained; or

(c)

by reason of his state of health or of his mental or bodily condition it is inadvisable so to detain him.

(2)

Under the circumstances referred to in paragraph (1)(a),

(b)

or (c), the Court For Children shall have the power to order the child to be detained—

(a)

in a police station, police cell or police lock-up, separate or apart from adult offenders; or

(b)

in a mental hospital, as the case may require.

(3)

If an order for detention in a mental hospital is made under subsection (2), Chapter XXXIII of the Criminal Procedure Code shall apply with such modifications as may be necessary.

Act 611

WJW22/0178 BI.indd 98 04/08/2023 3:33 PM

Child 99

Submission of information by police officer after arrest