Section 384F — Children, Young Persons, and Their Families Act 1989: Explanation of purpose and consequences of inspections and searches

384F Explanation of purpose and consequences of inspections and searches (1) Before any mail is inspected under section 384B or a search is carried out under section 384C or section 384E , the member of staff who is to conduct the inspection or search must explain to the child or young person— (a) that the purpose of the inspection or search is,— (i) in the case of an inspection, to detect any item of the kinds referred to in section 384B ; or (ii) in the case of a search carried out under section 384C , to ensure the safety of the child or young person by detecting any harmful item, or to detect any article, drug, or substance that may not be lawfully possessed by the child or young person in the residence; or (iii) in the case of a search carried out under section 384E , to ensure the safety of the child or young person and the safety of others by detecting any harmful item; and (b) that any item seized during the inspection or search will, after consultation with the child or young person, be dealt with in the ways provided for by the regulations; and (c) that any item seized during the inspection or search and subsequently handed to a member of the police in accordance with the regulations may be used as evidence in criminal proceedings against the child or young person. (2) The explanation required by subsection (1) need not be given if the member of staff has reasonable grounds for believing that the situation involves a serious and immediate risk to the safety of the child or young person or of any other person. Sections 384A to 384K, and the heading preceding section 384A, were inserted, as from 25 June 2001, by section 4 Children, Young Persons, and Their Families Amendment Act 2001 (2001 No 3). See section 6(1) of that Act as to the enactment of these sections not affecting the validity of the provisions of the Children, Young Persons, and Their Families (Residential Care) Regulations 1996 (SR 1996/354).