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The Child Justice Act deals with two things concerning pre-trial detention:
• unleash and detention before commencement at the preliminary inquiry; and
• unleash and detention when commencement at the preliminary inquiry (and
at any later look in court).
According to the Act, the approach to unleash kids in detention is that it’s the
preferable approach and will be used if doable, rather than detaining the kid.
However, if detention is to be used, the approach is that the subsequent choices
regarding placement of the kid should be considered:
• Placement in a very kid and youth care centre;
• Placement in a very police cell (only before first appearance); or
• Placement in a very jail.
Such thought should be created with due relevance the principle that the smallest amount
restrictive choice doable within the circumstances ought to be used.

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