s 439

Consent to entry

In force

(1)

When seeking the consent of an occupier of premises to enter premises under section 437 (1) (b), an authorised person must—

(a)

produce their identity card; and

(b)

tell the occupier—

(i)

the purpose of the entry; and

(ii)

the reason for, and identity of, any other person accompanying the authorised person; and

(iii)

that anything found and seized under this chapter may be used in evidence in court; and

(iv)

that consent may be refused.

(2)

If the occupier consents, the authorised person must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)—

(a)

that the occupier was told—

(i)

the purpose of the entry; and

(ii)

the reason for, and identity of, any other person accompanying the authorised person; and

(iii)

that anything seized under this chapter may be used in evidence in court; and

(iv)

that consent may be refused; and

(b)

that the occupier consented to the entry; and

(c)

stating the time and date consent was given.

(3)

If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier.

(4)

A court must find that the occupier did not consent to entry to the premises by the authorised person under this chapter if—

(a)

the question arises in a proceeding in the court whether the occupier consented to the entry; and

(b)

an acknowledgment of consent is not produced in evidence; and

(c)

it is not proved that the occupier consented to the entry.

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