PART 4ENFORCEMENT

Enforcement powers

C122Entry and search under warrant in connection with offences

1

Subject to subsection (2), a lay magistrate may, on the application of an inspector or constable, issue a warrant authorising an inspector or a constable to enter premises, if necessary using reasonable force, in order to search for evidence of the commission of a relevant offence.

2

The power to issue a warrant under subsection (1) is exercisable only if the lay magistrate is satisfied by complaint on oath—

a

that there are reasonable grounds for believing—

i

that a relevant offence has been committed on the premises, or

ii

that evidence of the commission of a relevant offence is to be found on the premises, and

b

that section 46 is satisfied in relation to the premises.

3

In this section, “relevant offence” means an offence under any of sections 4 to 10, 12(6), 14 and 33(9).