Children Act 1989

Search warrants E+W

102 Power of constable to assist in exercise of certain powers to search for children or inspect premises. E+W

(1) Where, on an application made by any person for a warrant under this section, it appears to the court—

(a) that a person attempting to exercise powers under any enactment mentioned in subsection (6) has been prevented from doing so by being refused entry to the premises concerned or refused access to the child concerned; or

(b) that any such person is likely to be so prevented from exercising any such powers,

it may issue a warrant authorising any constable to assist that person in the exercise of those powers, using reasonable force if necessary.

(2) Every warrant issued under this section shall be addressed to, and executed by, a constable who shall be accompanied by the person applying for the warrant if—

(a) that person so desires; and

(b) the court by whom the warrant is issued does not direct otherwise.

(3) A court granting an application for a warrant under this section may direct that the constable concerned may, in executing the warrant, be accompanied by a registered medical practitioner, registered nurse or registered health visitor if he so chooses.

(4) An application for a warrant under this section shall be made in the manner and form prescribed by rules of court.

(5) Where—

(a) an application for a warrant under this section relates to a particular child; and

(b) it is reasonably practicable to do so,

the application and any warrant granted on the application shall name the child; and where it does not name him it shall describe him as clearly as possible.

(6) The enactments are—

(a) sections 62, 64, 67, 76, 80, 86 and 87;

(b) paragraph 8(1)(b) and (2)(b) of Schedule 3;

(c) section 33 of the M1 Adoption Act 1976 (duty of local authority to secure that protected children are visited from time to time).

Commencement Information

I1 S. 102 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

Marginal Citations

M1 1976 c. 36.