CHILD PROTECTION ACT 1999 - SECT 174 Warrants—procedure before entry

CHILD PROTECTION ACT 1999 - SECT 174

174 Warrants—procedure before entry

(1) This section applies if an authorised officer or police officer is intending to enter a place under a warrant for apprehension of a child.

(2) Before entering the place, the officer must do or make a reasonable attempt to do the following things—

(a) identify himself or herself to a person present at the place who is an occupier of the place;

(b) give the person a copy of the warrant or, if the entry is authorised by a duplicate warrant under section 173 (5) , a copy of the duplicate warrant;

(c) tell the person the officer is permitted by the warrant to enter and search the place to find the child;

(d) give the person an opportunity to allow the officer immediate entry to the place without using force.

(3) For subsection (2) (a) , an authorised officer must produce the officer’s identity card to the person for inspection.

Note—

For a police officer, see the Police Powers and Responsibilities Act 2000 , section 637 .

(4) However, the officer need not comply with subsection (2) if the officer reasonably believes immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.