Bail Act 1992

This section applies if—

a police officer has power under section 56A to arrest a person without a warrant; and

the offence for which the person has been granted bail is a relevant offence; and

the police officer believes on reasonable grounds that the person is on premises that are not a public place.

The police officer may enter the premises to search the premises for the person or to arrest the person, using the force that is necessary and reasonable in the circumstances.

However, the police officer must not enter a dwelling house under this section unless the police officer believes on reasonable grounds that—

it is necessary having regard to the circumstances of the person’s failure to comply, or expected failure to comply, with the bail condition; and

it would not be reasonable to arrest the person somewhere else; and

for entry before 6 am or after 9 pm on any day—

it is necessary to do so to prevent the concealment, loss or destruction of evidence of a matter relating to whether the person has failed to comply, or will not comply, with a bail condition; or

it would not be practicable to arrest the person at another time.

In this section:

dwelling house—see the Crimes Act 1900, section 220 (4).

premises—see the Crimes Act 1900, section 185.

public place—see the Crimes Act 1900, section 174.

relevant offence—see the Crimes Act 1900, section 220 (4).