38 Application of section 37 to children and adults without capacity
Police, Crime, Sentencing and Courts Act 2022 (2022 c 32) | Legislation

38  Application of section 37 to children and adults without capacity

(1)     A child is not to be treated for the purposes of section 37(1) as being capable of—

(a)     voluntarily providing an electronic device to an authorised person for those purposes, or

(b)     agreeing for those purposes to the extraction of information from the device by an authorised person.

(2)     If a child is a user of an electronic device, a person who is not a user of the device but is listed in subsection (3) may—

(a)     voluntarily provide the device to an authorised person for the purposes of section 37(1), and

(b)     agree for those purposes to the extraction of information from the device by an authorised person.

(3)     The persons mentioned in subsection (2) are—

(a)     a parent or guardian of the child or, if the child is in the care of a relevant authority or voluntary organisation, a person representing that authority or organisation, or

(b)     if no person within paragraph (a) is available, any responsible person who is aged 18 or over other than a relevant authorised person.

(4)     Before exercising the power under section 37(1) by virtue of subsection (2), an authorised

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