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KSTGeneral information, not legal advice
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Which official must send a juvenile who has not committed a crime, but falls within the provision's other categories, to the juvenile division?

General information · Not legal advice

Material to check

In a practice file of this kind we read the police investigation record, which shows the juvenile's age and the conduct relied on — group movement causing unease, unauthorised running away, or drinking and disturbance — and the transfer paper signed for the head of the police station sending the juvenile on.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading reads the transfer duty strictly: where a juvenile has done an act contravening penal statutes but is aged below the upper limit the provision sets and at or above the lower one, or is at or above the lower limit with one of the listed reasons and, in light of the juvenile's character or environment, a likelihood of future contravening acts, the head of the police station must send that juvenile directly to the competent juvenile division.

Another reading marks the boundary of that duty: a juvenile who has committed a crime is not among the juveniles this duty names, so the provision names no official to transfer such a juvenile to the juvenile division and states no transfer route, though a later paragraph lets a guardian or the head of a school, social welfare facility or probation office notify the competent juvenile division of any juvenile in the groups the opening paragraph lists, including one who has committed a crime, and it leaves the form of the transfer and what the division does on receiving it to other provisions.

Your judgment

On the papers in the file, does the conduct described fall within one of the listed reasons, and does it show a likelihood of future acts contravening penal statutes in light of the juvenile's character and environment?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We revisit this card if the provision is amended to change the age limits, the listed reasons or the head of the police station's duty, or if a court decision decides what must be shown for the required likelihood of future contravening acts.

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