Care of Children Act 2004

117 Preventing concealment of whereabouts of child

• (1) A District Court Judge or Family Court Judge may issue a warrant of the kind referred to in subsection (2) if—

  • (a) an application under section 103 in respect of a child is made to, and received by, the Authority; and

  • (b) a person applies in writing and on oath to the Judge for a warrant of the kind referred to in subsection (2); and

  • (c) the Judge is satisfied that there are reasonable grounds for believing that a person will attempt to conceal the whereabouts of the child with intent to, or in circumstances where the concealment would be likely to, defeat the claim of the applicant.

  (2) The warrant referred to in subsection (1) is a warrant that authorises a constable or social worker, either by name or generally, to take possession of the child, and to place the child in the care of some suitable person pending the order or further order of the court having jurisdiction in the case.

  (3) A Registrar of a District Court (not being a constable) may exercise the power given to a District Court Judge or Family Court Judge by this section (which applies with all necessary modifications), but only if no District Court Judge or Family Court Judge is available.

  (4) Sections 75, 76, and 79 apply, so far as applicable and with all necessary modifications, to every warrant issued under subsection (1) as if every warrant of that kind were a warrant issued under section 72.

  Compare: 1991 No 19 ss 24, 26A

  Section 117(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

  Section 117(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).