Clause 16

by inserting, immediately after the words “with or without warrant” in subsection (1), the words “and he is not released”; and

by deleting subsection (2) and substituting the following subsections:“(2) Where the person cannot be brought immediately before a Juvenile Court as required under subsection (1), the police officer or other officer from a law enforcement agency making the arrest shall, without unnecessary delay, take or send the person arrested before a Magistrate.(3) The Juvenile Court or Magistrate, as the case may be, before whom a person is brought under subsection (1) or (2) shall inquire into the case and shall determine whether —

the charge is one of an offence triable only by the High Court;

it is necessary in the interest of the person to remove him from association with any undesirable person;

the person is likely to abscond;

the person may commit further offences;

it is necessary to —

prevent the loss or destruction of evidence relating to the offence with which the person is charged; or

prevent interference with any witness in respect of any such offence; or

there is reason to believe that the release of that person would otherwise defeat the ends of justice.(4) If none of the circumstances referred to in subsection (3) exist, the Juvenile Court or Magistrate shall release the person on a bond, with or without sureties, for such amount as will, in the opinion of the Juvenile Court or Magistrate, secure the attendance of the person upon the hearing of the charge.(5) The bond shall be entered into by the parent or guardian of the person or any other person responsible for the care and control of the person.”.