parents being unfit to have custody of the child, the court shall place the child
in the custody of a fit person; but the parents shall be allowed to have
reasonable access to their child unless it is not in the best interests of the
child.
PART X—CHILDREN CHARGED WITH OFFENCES.
88.
Age of criminal responsibility.
The minimum age of criminal responsibility shall be twelve years.
89.
Arrest and charge of children.
(1) Where a child is arrested, the police shall under justifiable
circumstances caution and release the child.
(2) The police shall be empowered to dispose of cases at their
discretion without recourse to formal court hearings in accordance with
criteria to be laid down by the Inspector General of Police.
(3) As soon as possible after arrest, the child’s parents or guardians
and the secretary for children’s affairs of the local government council for the
area in which the child resides shall be informed of the arrest by the police.
(4) The police shall ensure that the parent or guardian of the child is
present at the time of the police interview with the child except where it is
not in the best interests of the child.
(5) Where a child’s parent or guardian cannot be immediately
contacted or cannot be contacted at all, a probation and social welfare officer
or an authorised person shall be informed as soon as possible after the child’s
arrest so that he or she can attend the police interview.
(6) Where a child is arrested with or without a warrant and cannot be
immediately taken before a court, the police officer to whom the child is
brought shall inquire into the case and, unless the charge is a serious one, or
it is necessary in the child’s interests to remove him or her from association
with any person, or the officer has reason to believe that the release of the
child will defeat the ends of justice, shall release the child on bond on his or
her own recognisance or on a recognisance entered into by the parent of the
child or other responsible person.
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