Justice Act (Northern Ireland) 2015

Justice Act (Northern Ireland) 2015

2015 CHAPTER 9

Commentary on Sections

Part 8: Violent Offences Prevention Orders

Supplementary

Section 75: Power of entry and search of offender’s home address

This section provides the police with a power of entry and search of a person’s home address.  The application must be made to the court by a police officer of the rank of superintendent or above.  The court may issue a warrant authorising police to enter the premises for the purpose of risk assessment and to search the premises, if it is satisfied that the specified requirements are met.

The requirements are: that the address specified in the application is an address which was last notified to the police as their home address, or there are reasonable grounds to believe that the person lives there or may regularly be found there; that it is necessary for police to enter and search the premises for the purpose of risk assessing the individual; and that the police have, on at least two occasions, sought to enter the premises and had been unable to do so.

It also provides that police may use reasonable force, to enter and search the premises, if necessary.  The warrant may authorise the police to enter and search the premises on more than one occasion, if the court is satisfied that it is necessary to do so.  It also provides that the court, when considering the need for a search warrant, must be satisfied that it is proportionate in all circumstances for police to enter and search the premises in the case where the premises is resided in by a third party.