Australian Capital Territory Numbered Acts

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 72

(1)     If a police officer reasonably believes that a person is a child under the age of 8 years and has done or is doing an act that, but for section 71, would constitute an offence, the police officer may apprehend the child, and for that purpose may use such force as is necessary and reasonable.

(2)     When exercising the power conferred by subsection (1), the police officer may—

        (a)     enter premises, by force if necessary and reasonable, at any time of the day or night for the purpose of arresting the child; and

        (b)     if the police officer reasonably believes that—

              (i)     the child has committed a serious offence within the meaning of Division 2 (Criminal proceedings against young people); and

              (ii)     the child is on the premises;

search the premises for the child.

(3)     On apprehending a child under subsection (1), the police officer must—

        (a)     take the child to a person with parental responsibility for the child; or

        (b)     if it is not practicable to do so—

              (i)     place the child with a suitable person who is prepared to care for the child; and

              (ii)     notify the chief executive that the police officer has done so.