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The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order (Northern Ireland) 2018

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Warrants to enter premises

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13.—(1) A lay magistrate, who on sworn complaint in writing is satisfied that the circumstances in paragraph (2) apply, may issue a warrant authorising a British sea-fishery officer to enter any premises, if necessary using reasonable force, and to take with that officer such persons as appear to be necessary.

(2) The circumstances are that—

(a)there are reasonable grounds to believe that any documents or other items which a British sea-fishery officer has power under article 12 to inspect are on the premises;

(b)the inspection of such documents or other items is likely to disclose evidence of the commission of an offence under this Order or an equivalent provision; and

(c)either—

(i)entry to the premises has been or is likely to be refused and written notice of intention to apply for a warrant has been given to the occupier,

(ii)an application for entry, or the giving of notice, would defeat the object of the entry,

(iii)the premises are unoccupied, or

(iv)the occupier is temporarily absent and it might defeat the object of the entry to await that person’s return.

(3) If a British sea-fishery officer enters any unoccupied premises by virtue of a warrant the officer shall leave them as effectively secured against unauthorised entry as the officer found them.

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