Justice Bill
Clause 7: Arrest for absconding or breaking conditions of bail
Clause 7 amends Article 6 of the Criminal Justice (Northern Ireland) Order 2003 to require a constable to consider the seriousness of any breach, or the likely breach of bail conditions, before deciding to arrest a child; and that a decision not to arrest a child must be recorded and a record of the decision must be provided at the next scheduled court hearing.
Clause 7
Arrest for absconding or breaking conditions of bail
7.—(1) Article 6 of the Criminal Justice (Northern Ireland) Order 2003 (arrest for absconding or breaking conditions of bail) is amended as follows.
(2) After paragraph (3) insert—
“(3ZA) Before deciding whether to arrest a child under paragraph (3)(b), the constable must consider the nature and seriousness of the likely breach or breach of the conditions of bail.
(3ZB) Where a constable has the power to arrest a child under paragraph (3)(b) but decides not to, the constable must—
(a) make a record of the decision (including the reasons for the decision), and
(b) on the next occasion when the child is brought before a court, cause a copy of the record to be given to the court.”.
(3) After paragraph (7) insert—
“(8) In this Article, “child” means a person who is under the age of 18.”.