Part 2: Prevention, investigation and prosecution of crime Chapter 3: Extraction of information from electronic devices Section 38: Application of section 37 to children and adults without capacity
Subsections (1) and (6) set out that children and adults without capacity, respectively, are not capable of deciding whether to provide a device or agree to the extraction of information from it, for the purposes of the power in section 37.
	A child is defined as a person aged under 18 (see section 37(13)). Section 38(10) defines ‘adult without capacity’ by reference to the Mental Capacity Act 2005 (for England and Wales), the Adults with Incapacity (Scotland) Act 2000 and the Mental Capacity Act (Northern Ireland) 2016.
	In cases where a user of an electronic device is a child or an adult without capacity, another specified person may provide the device and give their agreement to the extraction of information from it.
	In the case of a child, subsection (3) sets out that the people who may provide the device and give agreement to the extraction of information from it are a parent or guardian of the child (or, if the child is in care, a person representing the authority who has care of the child), or (if no such person is available) another responsible person aged 18 or over. The authorised person must, so far as it is reasonably practicable to do so, ascertain the views of the child and, taking into account the age and maturity of the child, have regard to those views.
	In the case of an adult without capacity, subsection (8) sets out that the people who may provide the device and give agreement to the extraction of information from it a parent or guardian of the person (or, if the person is in care, a person representing the authority who has care of the person), a registered social worker, a person who has power of attorney which is wide enough to cover these matters, a person authorised under an intervention order whose authorisation covers such matters or (if none of those people is available) another responsible person aged 18 or over.
	Subsection (11) defines terms relevant for these purposes (e.g. "registered social worker").