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Policing and Crime Act 2017

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This is the original version (as it was originally enacted).

117Cross-border enforcement: powers of entry to effect arrest

This section has no associated Explanatory Notes

In Part 10 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement), after section 137D (as inserted by section 116) insert—

137EEntry and search for the purposes of arrest

(1)A constable may enter and search any premises—

(a)for the purpose of executing in England and Wales under section 136(2)(b) a warrant issued in Northern Ireland;

(b)for the purpose of executing in Northern Ireland under section 136(3)(a) a warrant issued in England and Wales;

(c)for the purpose of arresting a person in Northern Ireland under section 137(1) in respect of a relevant England and Wales offence;

(d)for the purpose of arresting a person in England and Wales under section 137(3) in respect of a relevant Northern Ireland offence;

(e)for the purpose of arresting a person in England and Wales under section 137A(1) in respect of a specified offence committed in Northern Ireland;

(f)for the purpose of arresting a person in Northern Ireland under section 137A(4) in respect of a specified offence committed in England and Wales.

(2)In subsection (1)—

(a)“relevant England and Wales offence” means—

(i)an offence that is an indictable offence in England and Wales;

(ii)an offence mentioned in section 17(1)(c) or (caa) of the Police and Criminal Evidence Act 1984;

(b)“relevant Northern Ireland offence” means—

(i)an offence that is an indictable offence in Northern Ireland;

(ii)an offence mentioned in Article 19(1)(ba) to (c) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)).

(3)The powers of entry and search conferred by subsection (1)—

(a)are exercisable only if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises, and

(b)are limited, in relation to premises consisting of two or more separate dwellings, to powers to enter and search—

(i)any part of the premises which the occupier of any dwelling comprised in the premises uses in common with the occupier of any other such dwelling, and

(ii)any such dwelling in which the constable has reasonable grounds for believing that the person whom he is seeking may be.

(4)The power of search conferred by subsection (1) is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised.

(5)In this section, “premises” includes any place and, in particular, includes—

(a)any vehicle, vessel, aircraft or hovercraft,

(b)any offshore installation,

(c)any renewable energy installation, and

(d)any tent or movable structure.

“Offshore installation” has the meaning given to it by section 44 of the Petroleum Act 1998.

“Renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (see section 104 of that Act).

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