Power of search when female unlawfully detained for immoral purposes
470 Power of search when female unlawfully detained for immoral purposes
No. 6103 s. 470.
S. 470(1) amended by Nos 57/1989 s. 3(Sch. item 42.63(a)–(d)), 6/2018 s. 68(Sch. 2 item 35.12).
If it appears to a magistrate, on the evidence on oath or by affirmation or affidavit of any parent relative or guardian of any woman or girl or by any other person who in the opinion of the magistrate is bona fide acting in the interest of any woman or girl, that there is reasonable cause to suspect that such woman or girl is unlawfully detained for immoral purposes by any person in any place, he may issue a warrant authorizing any person named therein to search for and when found to take to and detain in a place of safety such woman or girl until she can be brought before the Magistrates' Court.
S. 470(2) amended by No. 57/1989 s. 3(Sch. item 42.64).
The Magistrates' Court on the woman or girl being brought before it may cause her to be delivered up to her parent or guardian or otherwise dealt with as circumstances may permit and require.
S. 470(3) amended by No. 57/1989 s. 3(Sch. item 42.65).
The magistrate at the time of or after issuing such warrant may issue another warrant for the arrest of any person accused of so unlawfully detaining such woman or girl and may order proceedings to be taken for prosecuting such person according to law.
A woman or girl shall be deemed to be unlawfully detained for an immoral purpose if she is so detained for the purpose of being unlawfully and carnally known by any man whether any particular man or generally, and—
is under the age of sixteen years; or
if of or above the age of sixteen years and under the age of eighteen years is so detained against her will or against the will of her father or mother or of any other person having the lawful care or charge of her; or
if of or above the age of eighteen years is so detained against her will.
Any person authorized by warrant under this section to search for any woman or girl so detained as aforesaid may enter (if need be, by force) any house building or other place specified in such warrant, and may remove such woman or girl therefrom.
S. 470(6) amended by Nos 8179 s. 4, 57/1989 s. 3(Sch. item 42.66(a)(b)), 37/2014 s. 10(Sch. item 36.42).
Every warrant issued under this section shall be addressed to and executed by a police officer of or above the rank of sergeant, who shall be accompanied by the parent relative or guardian or other person referred to in subsection (1) if such person so desire unless the magistrate otherwise directs.
Pt 3 Div. 1 Subdiv. (33) (Heading) repealed by No. 23/1991 s. 8(2).
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S. 471 amended by Nos 9427 s. 6(1)(Sch. 5 item 41), 110/1986 s. 140(2), repealed by No. 124/1986 s. 74(e).
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