Whenever a juvenile is taken into custody for an alleged act of juvenile delinquency, the arresting officer shall immediately advise such juvenile of his legal rights, in language comprehensive to a juvenile, and shall immediately notify the Attorney General and the juvenile’s parents, guardian, or custodian of such custody. The arresting officer shall also notify the parents, guardian, or custodian of the rights of the juvenile and of the nature of the alleged offense.
The juvenile shall be taken before a magistrate judge forthwith. In no event shall the juvenile be detained for longer than a reasonable period of time before being brought before a magistrate judge.
June 25, 1948, ch. 64562 Stat. 857Pub. L. 93–415, title V, § 50388 Stat. 1135Pub. L. 101–650, title III, § 321104 Stat. 5117(, ; , , ; , , .)
Historical and Revision Notes
June 16, 1938, ch. 48652 Stat. 765Based on title 18, U.S.C., 1940 ed., §§ 922, 923 (, §§ 2, 3, ).
This section consolidates said section 923, and the final sentence of said section 922, of title 18, U.S.C., 1940 ed., with such changes of phraseology as were necessary to effect the consolidation.
section 5032 of this titleThis revised section and were rewritten to make clear the legislative intent that a juvenile delinquency proceeding shall result in the adjudication of a status rather than the conviction of a crime.
section 5032 of this titleThe other provisions of said section 922 are incorporated in .
Editorial Notes
Amendments
Pub. L. 93–4151974— amended section generally, substituting “Custody prior to appearance before magistrate”, for “Jurisdiction; written consent; jury trial precluded” in section catchline, and substituting provisions relating to advice of rights by arresting officer, notification of Attorney General, parents, guardian or custodian, and appearance before magistrate, for provisions relating to jurisdiction of district courts, jury, consent by juvenile, and apprisal of rights by Judge of District Court.
Statutory Notes and Related Subsidiaries
Change of Name
section 321 of Pub. L. 101–650section 631 of Title 28Words “magistrate judge” substituted for “magistrate” in catchline and wherever appearing in text pursuant to , set out as a note under , Judiciary and Judicial Procedure.
Repeals
Pub. L. 93–415, title V, § 50388 Stat. 1135Pub. L. 115–385, title III, § 307132 Stat. 5152, , , cited as a credit to this section, was repealed by , , .