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Children and Young Persons Act 1933
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Changes over time for: Section 40
Version Superseded: 14/10/1991
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- 01/02/1991- Amendment
- 01/02/1991
Point in time - 14/10/1991- Amendment
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Children and Young Persons Act 1933, Section 40 is up to date with all changes known to be in force on or before 29 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F140 Warrant to search for or remove a child or young person. E+W
(1)If it appears to a justice of the peace on information on oath laid by any person who, in the opinion of the justice, is acting in the interests of a child or young person, that there is reasonable cause to suspect—
(a)that the child or young person has been or is being assaulted, ill-treated, or neglected in any place within the jurisdiction of the justice, in a manner likely to cause him unnecessary suffering, or injury to health; or
(b)that any offence mentioned in the First Schedule to this Act has been or is being committed in respect of the child or young person,
the justice may issue a warrant authorising any constable . . . F2to search for the child or young person, and, if it is found that he has been or is being assaulted, ill-treated, or neglected in manner aforesaid, or that any such offence as aforesaid has been or is being committed in respect of him, [F3to take him to a place of safety, or authorising any constable to remove him with or without search to a place of safety, and a child or young person taken to a place of safety in pursuance of such a warrant may be detained there] until he can be brought before a juvenile court.
(2)A justice 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 a court of summary jurisdiction, and proceedings to be taken agaist him according to law.
(3)Any constable 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 (if need be by force) any house, building, or other place specified in the warrant, and may remove him therefrom.
(4)Every warrant issued under this section shall be . . . F2executed by a constable, who shall be accompanied by the person laying the information, if that person so desires, unless the justice by whom the warrant is issued otherwise directs, and may also, if the justice by whom the warrant is issued so directs, be accompanied by a duly qualified medical practitioner.
(5)It shall not be necessary in any information or warrant under this section to name the child or young person.]
Textual Amendments
F1S. 40 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20),s. 108(2)(4)(6)(7), Sch. 12 para. 3, Sch. 14 para. 27(4), Sch. 15
F2Words repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. I
F3Words substituted by Children and Young Persons Act 1963 (c. 37), Sch. 3 para. 11
Modifications etc. (not altering text)
C1S. 40 amended by Adoption Act 1958 (7 & 8 Eliz. 2 c. 5), s. 45, Children and Young Persons Act 1963 (c. 37), s. 23; amended by Adoption Act 1976 (c. 36), ss. 37(1), 74(2) and (1.4.1981) by Child Care Act 1980 (c. 5), s. 75(3), and Foster Children Act 1980 (c. 6), s. 13(2)
C2S. 40 modified (E.W.)(prosp.)by Children's Homes Act 1982 (c. 20, SIF 20), ss. 9(5), 16(2)
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