Part 7Children and young persons in care of chief executive or other persons or bodies
Searches
384FExplanation of purpose and consequences of inspections and searches
Before any mail is inspected under section 384B or a search is carried out under section 384C or section 384E, the member of staff who is to conduct the inspection or search must explain to the child or young person—
- that the purpose of the inspection or search is,—
- in the case of an inspection, to detect any item of the kinds referred to in section 384B; or
- in the case of a search carried out under section 384C, to ensure the safety of the child or young person by detecting any harmful item, or to detect any article, drug, or substance that may not be lawfully possessed by the child or young person in the residence; or
- in the case of a search carried out under section 384E, to ensure the safety of the child or young person and the safety of others by detecting any harmful item; and
- in the case of an inspection, to detect any item of the kinds referred to in section 384B; or
- that any item seized during the inspection or search will, after consultation with the child or young person, be dealt with in the ways provided for by the regulations; and
- that any item seized during the inspection or search and subsequently handed to a constable in accordance with the regulations may be used as evidence in criminal proceedings against the child or young person.
The explanation required by subsection (1) need not be given if the member of staff has reasonable grounds for believing that the situation involves a serious and immediate risk to the safety of the child or young person or of any other person.
Notes
- Section 384F: inserted, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act 2001 (2001 No 3).
- Section 384F(1)(c): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

