Section 38
Section 38
(1)
Subject to subsection (2), any protector or police officer may enter and search any premises for the purpose of ascertaining whether there is therein any child who is in need of protection or whether any offence under this Order is being, or has been committed.
[2)
A protector or police officer shall not enter any premises by the use of force unless he has first obtained a warrant issued by a Magistrate.
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(3)
A Magistrate may issue a warrant to a protector or police officer to enter by the use of force if necessary any premises for the purposes mentioned in subsection 11) if that Magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that -
(a)
there is in such premises a child who is in need of protection; or
(b)
any offence under this Order or any other written law is being or has been, committed, and that the entry can only be effected by the use of force.
(4)
Notwithstanding subsection (2), if a protector or police officer has reasonable grounds for believing that the object of the search mentioned in subsection (1) is likely to be frustrated by reason of the delay in obtaining a warrant under subsections (2) and (3), he may without the warrant, enter by the use of force as may be necessary any premises for the purposes mentioned in subsection (1).
(5)
Any protector or police officer who enters any premises under this section shall
(a} if so required, produced evidence of his identity; and
(b)
if a warrant has been issued under subsection (3) -
(i)
produce the warrant or a copy thereof; and
(ii)
use only such force as is reasonably necessary to effect entry.
(6)
A protector or police officer may, during or after any such search as is referred to in subsection ( 1), arrest or cause to be arrested any person reasonably suspected of having committed an offence against this Order, and may seize and detain any articles, books, documents or accounts which he may have reason to relate to any offence against this Order.
(7)
In carrying out any search under this section a protector or police officer shall have power to put questions ·and to give any such order or direction as may be necessary to the occupants of any premises for the purpose of carrying out such search.
(8)
The occupant of any premises being searched under this section shall answer truthfully all questions put to them by the protector or police officer, and shall obey any order or direction given by him touching any matter or any person connected with such search.
(9)
No person shall by force, restraint,. threats, inducement or other means cause any child who is in need of protection to conceal himself on or to leave any 1474
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I 2000
premises being searched or about to be searched a protector or police officer under this section, with the intent that such protector or police officer may thereby be evaded or obstructed.
Obstructing protector or police officer in performing his functions.