Counter-Terrorism Act 2008

78 Control orders: powers of entry and search U.K.

(1) After section 7 of the Prevention of Terrorism Act 2005 (c. 2) insert—

“7A Powers of entry and search: absconding

(1) If a constable reasonably suspects that the controlled person has absconded, the constable may enter (if necessary by force) and search premises to which this section applies—

(a) for the purpose of determining whether the person has absconded;

(b) if it appears that the person has absconded, for material that may assist in the pursuit and arrest of the controlled person.

(2) The premises to which this section applies are—

(a) the controlled person's place of residence;

(b) other premises to which the controlled person is required to grant access in accordance with an obligation imposed by or under the control order;

(c) any premises—

(i) to which the controlled person has previously been required to grant access in accordance with an obligation imposed by or under a control order, and

(ii) with which there is reason to believe that the controlled person is or was recently connected.

7B Powers of entry and search: failure to grant access to premises

(1) This section applies where a constable reasonably suspects that the controlled person is not granting access to premises, as required by an obligation imposed by or under the control order, at a time when the controlled person is required, by an obligation so imposed, to be at those premises.

(2) The constable may enter (if necessary by force) and search the premises—

(a) for the purpose of determining whether any of the obligations imposed by or under the control order have been contravened;

(b) if it appears that an obligation has been contravened, for material that may assist in the investigation of the contravention.

7C Powers of entry and search: monitoring compliance with order

(1) A constable may apply for the issue of a warrant under this section for the purposes of determining whether the controlled person is complying with the obligations imposed by or under a control order.

(2) The application must be made—

(a) in England and Wales, to a justice of the peace;

(b) in Scotland, to the sheriff;

(c) in Northern Ireland, to a lay magistrate.

(3) A warrant under this section shall authorise any constable to enter (if necessary by force) and search premises to which this section applies that are specified in the warrant.

(4) The premises to which this section applies are—

(a) the controlled person's place of residence;

(b) other premises to which the controlled person is required to grant access in accordance with an obligation imposed by or under the control order;

(c) any premises—

(i) to which the controlled person has previously been required to grant access in accordance with an obligation imposed by or under a control order, and

(ii) with which there is reason to believe that the controlled person is or was recently connected.

(5) An application under this section may only be granted if the justice of the peace, the sheriff or the lay magistrate is satisfied that the issue of the warrant is necessary for the purposes of determining whether the controlled person is complying with the obligations imposed by or under the control order.”.

(2) In section 9 of that Act (offences)—

(a) after subsection (3) insert—

“(3A) A person who intentionally obstructs the exercise by a constable of a power conferred by section 7A or 7B or by a warrant under section 7C commits an offence.”;

(b) in subsection (7) after “subsection (3)” insert “ or (3A) ”.

(3) These amendments have effect as from the commencement of this section and apply regardless of when the control order was made.

Commencement Information

I1 S. 78 in force at 16.2.2009 by S.I. 2009/58, art. 2(f)