CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 398 Consent to entry

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 398

(1)     Before obtaining the consent of someone—

        (a)     for subsection 105 (2)—the supervisor; or

        (b)     for paragraph 395 (c)—the chief executive or police officer;

must tell the person that the person may refuse to give his or her consent.

(2)     If the supervisor, chief executive or police officer obtains the consent of someone, he or she must ask the person to sign a written acknowledgment—

        (a)     that the person has been told that he or she may refuse to give his or her consent; and

        (b)     that the person has given his or her consent; and

        (c)     of the day and time when the person gave his or her consent.

(3)     Entry by a supervisor, the chief executive or a police officer following the consent of a person is not lawful unless the person voluntarily consented to the entry.

(4)     If it is material, in a proceeding—

        (a)     for a court to be satisfied of the voluntary consent of someone for subsection 105 (2) or paragraph 395 (c); and

        (b)     an acknowledgment, in accordance with subsection (2), signed by the person is not provided in evidence;

the court must assume, unless the contrary is proved, that the person did not voluntarily give consent.