CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 105 Probation orders—entry and inspection by supervisor

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 105

(1)     If a young person who is the subject of a probation order lives with a person with parental responsibility for him or her, the supervisor of the young person may, on reasonable grounds and at a reasonable time—

        (a)     enter the premises where the young person lives; and

        (b)     inspect the premises and meet and talk with the young person.

(2)     If a young person who is the subject of a probation order lives with someone other than a person who has parental responsibility for the young person, the supervisor may enter the premises where the young person lives and inspect the premises and meet and talk with the young person only if the entry and inspection is made—

        (a)     with the consent of the occupier of the premises; or

        (b)     in accordance with a warrant issued under this section.

(3)     If an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that—

        (a)     a young person who is the subject of a probation order is living on premises other than with a person who has parental responsibility for the young person; and

        (b)     it is necessary in the interests of the young person for the premises to be inspected and to meet and talk with the young person;

and the information sets out those grounds, the magistrate may issue a search warrant authorising the supervisor of the young person, with reasonable and necessary assistance and by such force as is necessary and reasonable—

        (c)     to enter on or into the premises; and

        (d)     to inspect the premises and meet and talk with the young person.

(4)     A magistrate may not issue a warrant under this section unless—

        (a)     the informant or someone else has given to the magistrate, either orally or by affidavit, any further information the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and

        (b)     the magistrate is satisfied that there are reasonable grounds for issuing the warrant.