In forceAmended2020 Revised Edition

Contents

Children and Young Persons Act 1993 · 2020 Revised Edition · Part 2 · Protection of Children and Young Persons

13. Warrant to search for or remove child or young person

Amended

Last amended by an amending law of 2019. 3 amendments in all.

(1)

If a Magistrate’s Court, upon receiving any information or complaint, has reason to believe that a relevant offence has been or is being committed in respect of a child or young person, the Court may issue a warrant authorising any police officer named therein to search for the child or young person, if necessary, and remove the child or young person and commit him or her to a place of temporary care and protection until he or she can be brought before a Youth Court to be dealt with under section 54.

(2)

A warrant issued by a Magistrate’s Court under this section may authorise the police officer named therein, before committing the child or young person concerned to a place of temporary care and protection, to present the child or young person before a registered medical practitioner or an approved welfare officer for an assessment or for any medical or other treatment as may appear to be necessary.

(3)

Sections 11(2), (3) and (4) and 12(1) to (4) apply, with the necessary modifications, in the case where a child or young person is removed under this section as they apply in the case where a child or young person is removed under section 11.

(4)

A Magistrate’s Court issuing a warrant under this section may, by the same warrant, cause any person accused of any offence in respect of the child or young person to be apprehended and brought before the Court and proceedings to be taken against that person according to law.

(5)

Any police officer authorised by warrant under this section to search for any child or young person or to remove any child or young person, with or without search, may enter, by the use of force if necessary, any house, building or other place specified in the warrant and may remove the child or young person therefrom.

(6)

Every warrant issued under this section —

(a)

must be addressed to and executed by a police officer who must be accompanied by the person laying the information, if that person so desires, unless the Magistrate’s Court by which the warrant is issued otherwise directs; and

(b)

may, if the Court by which the warrant is issued so directs, also be accompanied by a registered medical practitioner appointed by the Director‑General for the purpose.

(7)

It is not necessary in any information or warrant under this section to name the child or young person, but, in such case, the child or young person must be described as particularly as the knowledge of the informant or the Magistrate’s Court permits.[10

Terms defined in s 2

approved welfare officer
Defined · s 2
“approved welfare officer” means a person who is appointed by the Director‑General under section 3(4) to carry out any investigation, assessment, supervision, consultation or evaluation in relation to any child or young person or the parent, guardian or family members thereof for the purpose of determining the welfare and state of development of such child or young person or for any other purpose under this Act;
Open s 2
assessment
Defined · s 2
“assessment” means an assessment to determine either the state of the health or development of the child or young person or whether the child or young person is in need of care or protection or both, and includes a forensic medical examination;
Open s 2
child
Defined · s 2
“child” means a person who is below 14 years of age;
Open s 2
Director‑General
Defined · s 2
“Director‑General” means the Director‑General of Social Welfare;
Open s 2
place
Defined · s 2
“place” includes any vessel, conveyance, house, building, enclosure, street, land or open space;
Open s 2
place of temporary care and protection
Defined · s 2
“place of temporary care and protection” means any place or institution designated to be a place of temporary care and protection under section 31 or any other suitable place the occupier of which is willing temporarily to receive a child or young person committed under section 10, 11 or 54;
Open s 2
registered medical practitioner
Defined · s 2
“registered medical practitioner” means a medical practitioner registered under the Medical Registration Act 1997, and includes a dentist registered under the Dental Registration Act 1999;
Open s 2
relevant offence
Defined · s 2
“relevant offence” means —(a)any offence under Part 2;(b)any offence under Chapter 16 of the Penal Code 1871; or(c)any offence involving the causing of bodily injury to a child or young person;
Open s 2
young person
Defined · s 2
“young person” means a person who is 14 years of age or older but below 18 years of age.
Open s 2