Section 6: Powers of entry
18.This section makes provision for the grant of warrants authorising entry and search of private premises in the special circumstances to which the Act relates. This is needed because, in searching for the remains of victims, the police will not be conducting criminal investigations and it would therefore be inappropriate for them to seek warrants under the provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989 or its equivalents in Great Britain.
19.The effect of subsections (1) and (2) is that a warrant may be granted to a constable by a resident magistrate in Northern Ireland or by a justice of the peace in Great Britain if the court is satisfied that —
The Commission has certified that the remains of a victim of violence are likely to be found at the premises in question; and
There are reasonable grounds for believing that either:
1)it is not practicable to communicate with the person entitled to allow entry; or
2)entry will not be granted without a warrant.
