- Latest available (Revised)
- Original (As enacted)
Violent Crime Reduction Act 2006, Section 58 is up to date with all changes known to be in force on or before 07 February 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(1)Before section 97 of the Sexual Offences Act 2003 insert—
(1)If on an application made by a senior police officer of the relevant force a justice of the peace is satisfied that the requirements in subsection (2) are met in relation to any premises, he may issue a warrant authorising a constable of that force—
(a)to enter the premises for the purpose of assessing the risks posed by the relevant offender to which the warrant relates; and
(b)to search the premises for that purpose.
(2)The requirements are—
(a)that the address of each set of premises specified in the application is an address falling within subsection (3);
(b)that the relevant offender is not one to whom subsection (4) applies;
(c)that it is necessary for a constable to enter and search the premises for the purpose mentioned in subsection (1)(a); and
(d)that on at least two occasions a constable has sought entry to the premises in order to search them for that purpose and has been unable to obtain entry for that purpose.
(3)An address falls within this subsection if—
(a)it is the address which was last notified in accordance with this Part by a relevant offender to the police as his home address; or
(b)there are reasonable grounds to believe that a relevant offender resides there or may regularly be found there.
(4)This subsection applies to a relevant offender if he is—
(a)remanded in or committed to custody by order of a court;
(b)serving a sentence of imprisonment or a term of service detention;
(c)detained in a hospital; or
(d)outside the United Kingdom.
(5)A warrant issued under this section must specify the one or more sets of premises to which it relates.
(6)The warrant may authorise the constable executing it to use reasonable force if necessary to enter and search the premises.
(7)The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose mentioned in subsection (1)(a).
(8)Where a warrant issued under this section authorises multiple entries, the number of entries authorised may be unlimited or limited to a maximum.
(9)In this section a reference to the relevant offender to whom the warrant relates is a reference to the relevant offender—
(a)who has in accordance with this Part notified the police that the premises specified in the warrant are his home address; or
(b)in respect of whom there are reasonable grounds to believe that he resides there or may regularly be found there.
(10)In this section—
“the relevant force” means the police force maintained for the police area in which the premises in respect of which the application is made or the warrant is issued are situated;
“senior police officer” means a constable of the rank of superintendent or above.”
(2)In section 136 of that Act (application of Part 2 to Northern Ireland), after subsection (7) insert—
“(7A)References to a justice of the peace are to be read as references to a lay magistrate.”
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: