Section 43 - Children and Young Persons (Care and Protection) Act 1998 - Removal of children and young persons without warrant

43Removal of children and young persons without warrant

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43 Removal of children and young persons without warrant

(1) If the Secretary or a police officer is satisfied, on reasonable grounds—

(a) that a child or young person is at immediate risk of serious harm, and

(b) that the making of an apprehended violence order would not be sufficient to protect the child or young person from that risk,

the Secretary or police officer may (without the need for any authority other than that conferred by this subsection) remove the child or young person from the place of risk in accordance with this section.

(2) If the Secretary or a police officer suspects a person is a child and suspects on reasonable grounds—

(a) that the person is in need of care and protection, and

(b) that the person is not subject to the supervision or control of a responsible adult, and

(c) that the person is living in or habitually frequenting a public place,

the Secretary or police officer may (without the need for any authority other than that conferred by this subsection) remove the person from any public place.

(3) If the Secretary or a police officer suspects a person is a child or young person and suspects on reasonable grounds—

(a) that the person is in need of care and protection, and

(b) that the person—

(i) is or has recently been on any premises where prostitution or acts of child prostitution take place or where persons are used for the production of child abuse material, or

(ii) is or has recently been participating in an act of child prostitution in any place or is being or has recently been used for the production of child abuse material in any place,

the Secretary or police officer may (without the need for any authority other than that conferred by this subsection) remove the person from the premises or place or any such adjacent place.

(4) For the purposes of this section, the Secretary or a police officer may (without the need for any authority other than that conferred by this subsection)—

(a) enter any premises or place in which the Secretary or police officer suspects the child or young person (or the person suspected on reasonable grounds of being a child or young person) may be, and