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Justice and Security (Northern Ireland) Act 2007

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23EntryN.I.

This section has no associated Explanatory Notes

(1)A member of Her Majesty's forces on duty or a constable may enter any premises if he considers it necessary in the course of operations for the preservation of the peace or the maintenance of order.

(2)A constable may not rely on subsection (1) to enter a building unless—

(a)he has authorisation, or

(b)it is not reasonably practicable to obtain authorisation.

(3)Authorisation must be—

(a)written authorisation from an officer of the Police Service of Northern Ireland of at least the rank of superintendent, or

(b)if it is not reasonably practicable to obtain written authorisation, oral authorisation from an officer of the Police Service of Northern Ireland of at least the rank of inspector.

(4)Written authorisation must relate to a specified area of Northern Ireland.

(5)An officer giving oral authorisation shall make a written record as soon as is reasonably practicable.

(6)Where a constable enters a building in reliance on subsection (1) he must ensure that as soon as is reasonably practicable a record is made of—

(a)the address of the building (if known),

(b)the location of the building,

(c)the date of entry,

(d)the time of entry,

(e)the purpose of entry,

(f)the police number of each constable entering, and

(g)the police number and rank of the authorising officer (if any).

(7)A written authorisation, or a record under subsection (5) or (6), must be kept by the person who gave or made it—

(a)while any legal or complaint proceedings to which it might be relevant are pending, and

(b)in any event, for at least 12 months.

(8)A copy of a written authorisation or of a record under subsection (5) or (6) must be given as soon as is reasonably practicable to the owner or occupier of the premises to which it relates.

(9)A copy of a written authorisation or of a record under subsection (5) or (6) must be given as soon as is reasonably practicable to any person who requests a copy and who has, in the opinion of the person who has the authorisation or record, sufficient reason for the request.

(10)In subsection (7)(a) “complaint proceedings” means proceedings on a complaint made or referred to the Police Ombudsman for Northern Ireland in accordance with the Police (Northern Ireland) Act 1998 (c. 32).

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