CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 356 Offence related search and seizure at licensed premises

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 356

(1)     An officer may exercise powers under this section if the officer—

        (a)     reasonably suspects that there is, on premises where a childrens service provided under an approval in principle or licence is operating, a particular thing that may be evidence of the commission of an offence against this Chapter; and

        (b)     reasonably believes that the delay that would follow as a result of getting a warrant is likely to allow the thing to be lost, hidden or destroyed.

(2)     The officer may, with any necessary assistance and with or without the consent in writing of the occupier of the premises, enter the premises and search for the thing without applying for a search warrant.

(3)     If the thing is found during the search, the chief executive or officer may—

        (a)     inspect and take photographs or audio or video recordings, or make sketches, of the premises or thing; and

        (b)     seize the thing if the officer reasonably believes that it is necessary to seize it in order to prevent its loss, concealment or destruction.

(4)     If an officer seizes anything, he or she must—

        (a)     give notice of the seizure to the person apparently in charge of it or to an occupier of the premises; and

        (b)     return the thing to that person or the premises within 48 hours after seizing it.

(5)     However, if a thing seized is required for use in a proceeding under this Act, the officer may keep it until it has been used and must return it as soon as the proceeding has been finalised.