Part II Absence From Care
Provisions relating to children in care of local authorities by virtue of care order etc.
E116 Recovery of children subject to care order etc.
1
If any child—
a
who is committed to the care of a local authority by a care order or by a warrant under section 23(1) of the M1Children and Young Persons Act 1969 (which relates to remands to the care of local authorities); or
b
who is in the care of a local authority in pursuance of arrangements under section 29(3) of that Act (which relates to the detention of arrested children),
is absent from the premises at which he is required by the local authority to live at a time when he is not permitted by the local authority to be absent from the premises, he may be arrested by a constable anywhere in the United Kingdom or the Channel Islands without a warrant and shall if so arrested be conducted, at the expense of the authority, to those premises or such other premises as the authority may direct.
2
If a magistratres’ court is satisfied by information on oath that there are reasonable grounds for believing that a person specified in the information can produce a child who is absent as mentioned in subsection (1) above, the court may issue a summons directed to the person so specified and requiring him to attend and produce the absent child before the court; and a person who without reasonable excuse fails to comply with any such requirement shall, without prejudice to any liability apart from this subsection, be guilty of an offence and liable on summary conviction to a fine not exceeding £100.
3
Without prejudice to its powers under subsection (2) above a magistrates’ court may, if it is satisfied by information on oath that there are reasonable grounds for believing that a child who is absent as mentioned in subsection (1) above is in premises specified in the information, issue a search warrant authorising a constable to search the premises for that child.
4
A person who knowingly compels, persuades, incites or assists a child to become or continue to be absent as mentioned in subsection (1) above shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £400 or to both.
5
The reference to a constable in subsections (1) and (3) above includes a reference to a person who is a constable under the law of any part of the United Kingdom, to a member of the police in Jersey and to an officer of police within the meaning of section 43 of the Larceny (Guernsey) Law 1958 or any corresponding law for the time being in force.
6
In the application of subsections (2) and (3) above to Northern Ireland, “magistrates’ court” means a magistrates’ court within the meaning of the M2Magistrates’ Courts Act (Northern Ireland) 1964.