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CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 399 Power to conduct personal search of child or young person

CHILDREN AND YOUNG PEOPLE ACT 1999 (NO. 63 OF 1999) - SECT 399

Power to conduct personal search of child or young person

(1)     In this section—

"personal search" means a search of a child or young person or of articles in the possession of a child or young person that may include—

        (a)     requiring the child or young person to remove all of his or her garments; and

        (b)     an examination of the child's or young person's body (but not of his or her body cavities) and of those garments.

(2)     This section applies to a child or young person—

        (a)     who is under a therapeutic protection order; or

        (b)     who is detained at a shelter or hospital because he or she has been charged with an offence and not admitted to bail; or

        (c)     committed to an institution under section 96 (Disposition of young offenders) who is at an institution.

(3)     Nothing in this section applies to a child or young person to whom the Remand Centres Act 1976 applies.

(4)     A personal search of a child or young person to whom this section applies may only be conducted if—

        (a)     the chief executive reasonably suspects that the child or young person has in his or her possession a thing that may, if used or allowed to remain there—

              (i)     cause serious damage to the health of the child or young person or of someone else; or

              (ii)     threaten the life of the child or young person or of someone else; and

        (b)     the chief executive reasonably suspects that it is necessary to conduct a personal search of the child or young person in order to recover that thing.

(5)     Subject to section 400, a personal search may be conducted in the presence of a medical practitioner who may assist in the search.

(6)     A person conducting a personal search may use such force as is necessary and reasonable in the circumstances.

(7)     Anything of a kind mentioned in paragraph (3) (a) that is found during a personal search may be seized.