Chapter 9: Custody and Bail

This chapter refers to the Children, Youth and Families Act 2005  ['CYFA'] and the Bail Act 1977  [‘BA’] which set out the duties & powers of the arresting police officer, a court and a bail justice in relation to a child who is in custody. 

The chapter sets out consideration for the grant of legal assistance to a person who wants to apply to the Children's Court for bail if there is a reasonable basis for the bail application. This includes the 'reasonable basis' for when a bail application should be made, taking into account the nature of charges, the personal circumstances of the applicant, and relevant bail law.