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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 357 Entry to premises of unlicensed service—search warrant

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 357

Entry to premises of unlicensed service—search warrant

(1)     An officer may apply to a magistrate for the issue of a search warrant in relation to particular premises if the officer reasonably believes that someone is carrying on or operating a childrens service at those premises in contravention of section 362 (Carrying on unapproved or unlicensed childrens service at child care centre).

(2)     If the magistrate is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that someone is carrying on or operating a childrens service at the premises in contravention of section 362, the magistrate must issue a search warrant.

(3)     A search warrant is to be addressed to the applicant for it and must authorise him or her, with any assistance he or she reasonably requires, to enter the premises, or the part of the premises, named or described in the warrant to search for an article, thing or material of a kind named or described in the warrant which there is reasonable ground to believe will provide evidence about an offence against section 362.

(4)     In addition to any other requirement, a search warrant issued under this section must state—

        (a)     any condition to which the warrant is subject; 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)     the date, not being later than 7 days after the date of issue of the warrant, on which the warrant ceases to have effect.