Contravention of Police Protection Flashcards
Q: What happens when someone deliberately contravenes a protection order or police protection?
Acting in Contravention of Protection Order or Power Exercised- s49 Children Act 1989
(1) A person shall be guilty of an offence if, knowingly and without lawful authority or reasonable excuse, he—
(a) takes a child to whom this section applies away from the responsible person;
(b) keeps such a child away from the responsible person; or
(c) induces, assists or incites such a child to run away or stay away from the responsible person.
Q: What type of offence is it?
Summary offence.
Maximum sentence of 6 months imprisonment
Q: What age does the child have to be to be protected?
Covers those under 18.
Q: Who does this section apply to?
S49(2)
This section applies in relation to a child who is-
(a) in care
(b) the subject of an emergency protection order or
(c) in police protection.
Q: Who is the ‘responsible person’?
Anyone who has responsibility for the child in the particular circumstances.
In the case of police protection, it will be the designated officer.
In the case of care orders and emergency protection orders, it will be whoever is given responsibility by the court order.
Q: What will happen if a child is taken in contravention of s49?
By virtue of s50, where a child has been taken away in contravention of s49, the court may issue a recovery order.
The order, which is also available where a child is missing or has run away, requires certain people to produce the child to an authorised person (which includes a constable (s. 50(7)(b)) or to give certain information about the child’s whereabouts to a constable or officer of the court (s. 50(3)).
It can authorise a constable to enter any premises and search for the child.
Q: Can the court issue a warrant in this situation?
S102 1989 Act- a court may issue a warrant to enter premises in connection with certain provisions of the Act which regulate children’s homes, foster homes, child-minding premises and nursing homes for children.
S102 allows for constables to assist any person in the exercise of their powers under those provisions. It makes allowances for a constable to be accompanied by a medical practitioner, nurse or health visitor (s. 102(3)).
