Section 386 — Children, Young Persons, and Their Families Act 1989: Search warrants

386 Search warrants (1) Any Judge or Justice or Community Magistrate or any Registrar (not being a member of the Police) who, on application in writing made on oath by any member of the Police or a Social Worker, is satisfied that there are reasonable grounds for suspecting that a child or young person to whom section 385 of this Act applies is for the time being at any known premises or place, may issue a warrant authorising any member of the Police or Social Worker to— (a) Enter and search, by force if necessary, any such premises or place specified in the warrant; and (b) Remove the child or young person, using such force as may reasonably be necessary; and (c) Either— (i) In the case of a child or young person who has absconded or is absent from a residence, return that child or young person to the residence from which that child or young person absconded or from which that child or young person is absent or place that child or young person in any other residence under this Act; or (ii) In the case of a child or young person who has absconded or is absent from the care of any person or organisation in whose charge that child or young person was placed pursuant to section 362 of this Act, return that child or young person to the care of that person or organisation. (2) [Repealed] Compare: 1974 No 72 s 104A; 1982 No 135 s 17 Subsection (1) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting “ or Community Magistrate ” . Subsection (2) was repealed, as from 2 September 1996, by section 2(2) Children, Young Persons, and Their Families Amendment Act 1996 (1996 No 112).