s.49Removal and accommodation of children by police in cases of emergency
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Section 49Part 5 — PROTECTION OF CHILDREN

Removal and accommodation of children by police in cases of emergency

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Where a constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he may —
remove the child to suitable accommodation and keep him there; or
take such steps as are reasonable to ensure that the child's removal from any hospital, or other place, in which he is then being accommodated is prevented.
For the purposes of this Law, a child with respect to whom a constable has exercised his powers under this section is referred to as having been taken into police protection.
As soon as is reasonably practicable after taking a child into police protection, the constable concerned shall —
inform the Department of the steps that have been, and are proposed to be, taken with respect to the child under this section and the reasons for taking them;
give details to the Department of the place at which the child is being accommodated;
inform the child (if he appears capable of understanding) —
of the steps that have been taken with respect to him under this section and of the reasons for taking them; and
of the further steps that may be taken with respect to him under this section;
take such steps as are reasonably practicable to discover the wishes and feelings of the child;
secure that the case is inquired into by an officer designated ("the designated officer") for the purposes of this section by the Commissioner of Police; and
where the child was taken into police protection by being removed to accommodation which is not provided —
by or on behalf of the Department; or
as a refuge, in compliance with the requirements of section 54,
As soon as is reasonably practicable after taking a child into police protection, the constable concerned shall take such steps as are reasonably practicable to inform —
the child's parents;
every person who is not a parent of the child but who has parental responsibility for him; and
any other person with whom the child was living immediately before being taken into police protection,
On completing any inquiry under subsection (3)(e), the designated officer shall release the child from police protection unless he considers that there is still reasonable cause for believing that the child would be likely to suffer significant harm if released.
A child shall not be kept in police protection for more than seventy two hours.
While a child is being kept in police protection, the designated officer may apply on behalf of the Department for an emergency protection order to be made under section 46 with respect to the child.
An application may be made under subsection (7) whether or not the Department knows of it or agrees to its being made.
While a child is being kept in police protection —
neither the constable concerned nor the designated officer shall have parental responsibility for him; but
the designated officer shall do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child's welfare (having regard in particular to the length of the period during which the child will be so protected).
Where a child has been taken into police protection, the designated officer shall allow —
the child's parents;
any person who is not a parent of the child but who has parental responsibility for him;
any person with whom the child was living immediately before he was taken into police protection;
any person in whose favour a contact order is in force with respect to the child;
any person who is allowed to have contact with the child by virtue of an order under section 36; and
any person acting on behalf of any of those persons,
Where a child who has been taken into police protection is in accommodation provided by, or on behalf of, the Department, subsection (10) shall have effect as if it referred to the Department rather than to the designated officer.

Defined Terms

taken into police protection

Cross References

Referenced By