Part 5Child assessment and child protection orders
Other emergency measures
I156Constable's power to remove child to place of safety
1
A constable may remove a child to a place of safety and keep the child there if—
a
the constable is satisfied—
i
of the matters mentioned in section 39(2)(a), and
ii
that the removal of the child is necessary to protect the child from the harm mentioned there or from further harm, and
b
it is not practicable in the circumstances for an application for a child protection order to be made to or considered by the sheriff.
2
As soon as practicable after a constable removes a child under this section, the constable must inform the Principal Reporter.
3
The child may not be kept in a place of safety under this section for a period of more than 24 hours.
4
The child may not be kept in a place of safety under this section if—
a
a child protection order is in force in respect of the child, or
b
an application has been made to the sheriff for a child protection order or to a justice of the peace for an order under section 55 on the basis of the facts before the constable and that application has been refused.
5
The Principal Reporter may, by giving notice to the constable, require the constable to release the child if—
a
the Principal Reporter is satisfied that the conditions for placing the child in a place of safety under this section are no longer satisfied, or
b
the Principal Reporter is satisfied that it is no longer in the best interests of the child to be kept in a place of safety.