Part 14Offences relating to certain children and young people in care

Part 14—Offences relating to certain children and young people in care 170—Direction not to communicate etc with certain child or young person (1) The Chief Executive may, by notice in writing, direct a specified person not to communicate, or attempt to communicate, (whether in any way or in a way specified in the notice) with a specified child or young person who is in the custody, or under the guardianship, of the Chief Executive during the period specified in the notice. (2) The Chief Executive may, by notice in writing, direct a specified person not to be in the company of, or otherwise associate with, a specified child or young person who is in the custody, or under the guardianship, of the Chief Executive during the period specified in the notice. (3) The Chief Executive may, by notice in writing, direct a specified person not to harbour or conceal, or assist another person to harbour or conceal, a specified child or young person who is in the custody, or under the guardianship, of the Chief Executive during the period in the notice. (4) However, the Chief Executive may only give a direction under this section if the Chief Executive believes such a direction is reasonably necessary to— (a) prevent harm to the child or young person; or (b) prevent the child or young person from engaging in, or being exposed to, conduct of a criminal nature. (5) A person who, without reasonable excuse, refuses or fails to comply with a direction under this section is guilty of an offence. (6) Despite section 267 of the Criminal Law Consolidation Act 1935 or any other Act or law, a child or young person to whom a direction under this section relates commits no offence in relation to a contravention of a direction under this section. (7) Despite a provision of the Evidence Act 1929 or any other Act or law, a child or young person to whom a direction under this section relates is competent, but is not compellable, to give evidence in proceedings relating to a charge of an offence against this section. (8) A notice under this section must be served personally on the person to whom the notice is directed (however, if it is not reasonably practicable to serve a notice personally on the person, or the whereabouts of the person cannot, after reasonable enquiries, be ascertained, the notice may instead be served on that person in accordance with section 51(2)(b) or (c) of the Legislation Interpretation Act 2021). 171—Harbouring, concealing etc certain absent child or young person (1) A person must not— (a) harbour or conceal, or assist another person to harbour or conceal, a child or young person; or (b) prevent, or assist another person to prevent, the return of a child or young person to a State care placement, if the person knows that the child or young person is absent from a State care placement without lawful authority. (2) Despite section 267 of the Criminal Law Consolidation Act 1935 or any other Act or law, a child or young person who is absent from a State care placement without lawful authority and to whom a charge of an offence against this section relates commits no offence under this section. (3) Despite a provision of the Evidence Act 1929 or any other Act or law, a child or young person who is absent from a State care placement without lawful authority to whom a charge of an offence against this section relates is competent, but is not compellable, to give evidence in proceedings relating to the charge of the offence. 172—Unlawful taking etc of certain child or young person (1) This section applies to a child or young person placed with a person under this Act. (2) A person who, without lawful excuse— (a) induces or encourages a child or young person to whom this section applies to leave a place in which the child or young person has been placed under this Act; or (b) takes a child or young person to whom this section applies from a place in which the child or young person has been placed under this Act; or (c) harbours or conceals a child or young person contemplated by a preceding subsection, is guilty of an offence. (3) Despite section 267 of the Criminal Law Consolidation Act 1935 or any other Act or law, a child or young person to whom this section applies and to whom a charge of an offence against this section relates commits no offence under this section. (4) Despite a provision of the Evidence Act 1929 or any other Act or law, a child or young person to whom this section applies and to whom a charge of an offence against this section relates is competent, but is not compellable, to give evidence in proceedings relating to the charge of the offence.