CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 267 Body searches of young detainees under 18 years old—no-one with parental
CHILDREN AND YOUNG PEOPLE ACT 2008 - SECT 267
Body searches of young detainees under 18 years old—no-one with parental responsibility available(1) This section applies in relation to a body search of a young detainee who is under 18 years old if—
(a) a person who has daily care responsibility, or long-term care responsibility, for the young detainee cannot be contacted before the search is conducted; or
Note For a requirement to contact a person with parental responsibility, see s 251.
(b) no-one who has daily care responsibility, or long-term care responsibility, for the young detainee is available to be present at the search; or
(c) the young detainee does not agree to a person who has daily care responsibility, or long-term care responsibility, for the young detainee being present at the search.
(2) The director-general must ensure that the body search is conducted in the presence of someone (a "support person") who—
(a) the director-general believes on reasonable grounds can support and represent the interests of the young detainee; and
(b) the young detainee agrees should be present at the search.
Note In some circumstances the director-general is a person who has daily care responsibility, or long-term care responsibility, for a young detainee (see div 1.3.2).
(3) However, the body search may continue in the absence of a support person if—
(a) the young detainee does not agree to a support person being present; or
(b) the director-general directs the support person to leave under section 268 (2).