381.The Crime and Disorder Act 1998 allows a police constable to remove a child or young person found by him in a public place if the constable believes that they are of school age and are absent from school without authority. The constable may remove the child to designated premises or return them to the school from which they are absent.
382.Before the power is exercised, three conditions must be met. First, the local authority must have designated premises to which children and young persons may be removed. Second, the chief officer of police for that area must have been informed about such premises. Third, a police officer of the rank of superintendent (or above) must have directed that the power to remove children and young persons may be exercised within a specified area and for a specified period of time. At present BTP superintendents (and above) are not able to make such directions.
383.This section will allow a BTP officer of the rank of superintendent or above to direct specified areas within, or partly within, the BTP’s railways jurisdiction and specified periods of time when the power to remove children or young persons may be exercised. The constable may remove the child to designated premises or return them to the school from which they are absent provided he reasonably believes they are of compulsory school age and are absent from school without lawful authority. Designated premises are those places nominated by the local authority as places where children can be removed by a constable using these powers.
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