(1) A magistrate shall release a child who is in detention, into the care of the parent or an appropriate adult if —
(a) the initial inquiry is not disposed of at the first appearance of the child before the magistrate;
(b) it is in the interest of the child to do so; and
(c) it is in the interest of justice to release the child.
(2) In considering whether or not it would be in the interest of justice to release a child into the care of the parent or an appropriate adult, a magistrate shall have regard to the recommendation made by the probation officer and other relevant factors, including —
(a) the best interest of the child;
(b) whether the child has a previous conviction;
(c) the availability of the parent or an appropriate adult;
(d) the likelihood of the child returning to the initial inquiry for a further appearance;
(e) the period for which the child is in detention since apprehension;
(f) the imposition of a curfew on release;
(g) the probable period of detention of the child until conclusion of the initial inquiry;
(h) the risk that the child may be a danger to himself or herself or to another person;
(i) the state of health of the child;
(j) the reason for delay in the disposal or conclusion of the initial inquiry and whether such delay was due to fault on the part of the Government or on the part of the child or his or her attorney-at-law;
(k) whether detention would prejudice the child in the preparation of his or her case;
(l) the likelihood that if the child is found guilty of the offence, he or she will be detained for a substantial period;
(m) the fact that the child is under the age of twelve years and conclusively presumed to lack criminal responsibility; and
(n) the receipt of a written confirmation by the Director of Public Prosecutions that he or she intends to charge the child with an offence under Schedule 3.
(3) A magistrate may, in releasing a child under subsection (1), impose one or more of the following conditions that the child must —
(a) appear before the magistrate at a specified place and time;
(b) report periodically to a specified person or place;
(c) attend a particular school;
(d) reside at a particular address;
(e) be placed under the supervision of a specified person; or
(f) not to interfere with a witness, tamper with evidence or associate with a person or group of specified persons.
(4) If a magistrate releases a child into the care of a parent or an appropriate adult, the magistrate shall direct the parent or the appropriate adult to bring the child or ensure that the child appears at a specified time and place and if a condition is imposed under this section, to ensure that the child complies with the condition.
(5) A parent or an appropriate adult into whose care a child is placed, who fails to comply with a direction issued under subsection (4), commits an offence and is liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding one year.
(6) If a child is released into the care of his or her parent or an appropriate adult and the child fails to comply with a condition imposed under subsection (3), the magistrate may direct that the child be detained in a place of safety.
(7) A magistrate may, after consideration of the facts, release a child on bail or recognizance having regard to the factors under subsection (2) and subject to one or more of the conditions under subsection (3).