Part 4: Police Investigatory and Other Powers Chapter 2: Search of children under 12 Changes made by the Act: impact on pre-existing law of change in age of criminal responsibility
115.As a result of raising the age of criminal responsibility to 12, statutory search powers that depend on a person being suspected of an offence will no longer apply in relation to the suspected behaviour of children between the ages of eight and 11. Search powers that do not depend on the person having committed an offence will still apply to children below the age of criminal responsibility to the extent that they currently apply.(58)
116.Powers to search persons not in police custody otherwise than on suspicion of an offence will be unaffected, however, and will continue to apply to the extent that they apply currently.(59)