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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 147 Search warrants

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 147

Search warrants

(1)     An escort, a police officer or an officer may apply to a magistrate for a search warrant if such a person reasonably believes that a young offender, who has escaped from the temporary control of an escort while being transferred through the Territory from a State to another State in accordance with an agreement, is on or in premises.

(2)     A magistrate to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising the person named in the warrant with such assistance, and with such force, as is necessary and reasonable—

        (a)     to enter stated premises; and

        (b)     to inspect the premises for evidence of the young offender who has escaped from temporary control; and

        (c)     to observe and converse with a person apparently living there; and

        (d)     to apprehend the young offender at the premises.

(3)     A warrant issued under this section must state—

        (a)     the purpose for which the warrant is issued, including a reference to the identity and description of the young offender in relation to whom entry and search are authorised; and

        (b)     whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and

        (c)     a date, not being later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect.

(4)     A police officer—

        (a)     may accompany an escort or an officer executing a search warrant issued under this section; and

        (b)     may take all reasonable steps to assist in the apprehension of the young offender at the premises.

(5)     In this section—

"escort" means the escort authorised by the agreement to have temporary control of the young offender.