Welfare of Children Ordinance, 2008 - St Helena
Welfare of Children Ordinance, 2008 - St Helena
Welfare of Children Ordinance, 2008 - St Helena
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44 <strong>Welfare</strong> <strong>of</strong> <strong>Children</strong><br />
LAWS OF<br />
ST. HELENA<br />
60. (1) Where it appears to a court that there is reason to believe that a child to<br />
whom section 59 applies—<br />
(a) has been unlawfully taken away or is being unlawfully kept away from the<br />
responsible person; or<br />
(b) has run away or is staying away from the responsible person; or<br />
(c) is missing,<br />
the court may make an order under this section (a “recovery order”):<br />
Provided that nothing in this section shall be construed as preventing a police <strong>of</strong>ficer who<br />
has reasonable cause to suspect that a child who has absconded from apprehending such<br />
child without a warrant and returning him or her to the responsible person.<br />
(2) A recovery order—<br />
(a) operates as a direction to any person who is in a position to do so to produce the<br />
child on request to any authorised person;<br />
(b) authorises the removal <strong>of</strong> the child by any authorised person;<br />
(c) requires any person who has information as to the child's whereabouts to disclose<br />
that information, if asked to do so, to any authorised person; and<br />
(d) authorises a constable to enter any premises specified in the order and search for<br />
the child.<br />
(3) A court may make a recovery order on the application <strong>of</strong>—<br />
(a) the Department; or<br />
(b) the designated <strong>of</strong>ficer, in the case <strong>of</strong> a child in police protection,<br />
and may do so in separate proceedings or in any proceedings under this <strong>Ordinance</strong>.<br />
(4) A recovery order shall name the child and the person who is the responsible person,<br />
and shall not specify any premises under subsection (2)(d) unless it appears to the court that<br />
there are reasonable grounds for believing the child to be in them.<br />
(5) A person who intentionally obstructs an authorised person exercising a power<br />
under subsection (2)(b) to remove a child shall be guilty <strong>of</strong> an <strong>of</strong>fence and liable on summary<br />
conviction to a fine not exceeding £2,500.<br />
(6) No person shall be excused from complying with a request under subsection (2)(c)<br />
on the ground that complying might incriminate him or his spouse <strong>of</strong> an <strong>of</strong>fence; but a<br />
statement or admission made in complying shall not be admissible in evidence against either <strong>of</strong><br />
them in proceedings for any <strong>of</strong>fence other than perjury.<br />
(7) In this section—<br />
“authorised person” means—<br />
(a) any person specified by the court;<br />
(b) any constable; and<br />
(c) any person who is authorised by the Department, after the recovery order is made,<br />
to exercise any power under the order;<br />
“the designated <strong>of</strong>ficer” has the same meaning as in section 56;<br />
“the responsible person” has the same meaning as in section 59.<br />
(8) Where a person is authorised as mentioned in paragraph (c) <strong>of</strong> the definition <strong>of</strong><br />
'authorised person' in subsection (7)—<br />
(a)<br />
(b)<br />
Introductory<br />
the authorisation shall identify the recovery order; and<br />
a person claiming to be so authorised shall, if asked to do so, produce some duly<br />
authenticated document showing that he is so authorised.<br />
PART IX<br />
CHILDREN'S HOMES<br />
61. (1) For the purposes <strong>of</strong> this <strong>Ordinance</strong> ‗children's home‘ means (subject to the<br />
This e-version <strong>of</strong> the text is not authoritative for use in court.
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