PART 2 SEARCH BY POLICE

CHAPTER 1 SEARCH OF PERSON NOT IN POLICE CUSTODY

Lawfulness of search by constable

68Duty to consider child's wellbeing

(1)

Subsection (2) applies when a constable is deciding whether to search a child who is not in police custody.

(2)

In taking the decision, the constable must treat the need to safeguard and promote the wellbeing of the child as a primary consideration.

(3)

For the purposes of this section, a child is a person who is under 18 years of age.