(1) A magistrate may direct the detention of a child in a place of safety if —
(a) the proceedings of the initial inquiry are postponed under section 33 or 34;
(b) the release of the child into the care of his or her parent or an appropriate adult is not possible; or
(c) the child is to appear before the Court under section 38(1).
(2) A magistrate shall have regard to the recommendations made by a probation officer when deciding where to place the child under subsection (1).
(3) A child of fourteen years or older who is charged with an offence under Schedule 3 must be detained in a correctional facility if a magistrate believes there is a substantial risk that the child may cause harm to other children in a place of safety.
(4) If a magistrate issues a direction that a child be detained in a correctional facility, the magistrate shall record the reasons for issuing the direction.
(5) If a magistrate directs the detention of a child under subsection (1)(c) the probation officer shall make periodic visits to the child to ensure that the child is being properly treated or kept under suitable care.
(6) If the probation officer under subsection (5) is satisfied that the child is not being properly treated or kept under suitable care the probation officer shall issue appropriate remedial directions to the person in whose custody the child is detained and submit a report to a magistrate regarding the detention of the child.
(7) Subject to subsections (5) and (6), if a magistrate issues a direction for the detention of a child under subsection (1)(c), or on receipt of the report under subsection (6), the child shall appear before a magistrate at a time, date and place to be determined by the magistrate.
(8) If a child appears before a magistrate under subsection (7), the magistrate shall —
(a) determine whether or not the detention remains necessary;
(b) if ordering the further detention of the child, record the reasons for his or her decision;
(c) consider a reduction of the amount of bail or recognizance, if applicable;
(d) inquire whether or not the child is being properly treated and kept under suitable conditions; and
(e) if satisfied that the child is not being properly treated and kept under suitable conditions, inspect and investigate the treatment and conditions and make an appropriate remedial order.