Consent to entry
53 Consent to entry
When seeking the consent of an occupier to enter premises under section 51 (1) (b), an authorised person must—
produce their identity card; and
tell the occupier—
the purpose of the entry; and
the reason for, and identity of, any other person accompanying the authorised person; and
that anything found under this part may be used in evidence in court; and
that consent may be refused.
If the occupier consents, the authorised person must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)—
that the occupier was told—
the purpose of the entry; and
the reason for, and identity of, any other person accompanying the authorised person; and
that anything found under this part may be used in evidence in court; and
that consent may be refused; and
that the occupier consents to the entry; and
stating the time and date when consent was given.
If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier.
A court must find that the occupier did not consent to entry to the premises by an authorised person under this part if—
the question whether the occupier consented to the entry arises in a proceeding in the court; and
an acknowledgment of consent for the entry is not produced in evidence; and
it is not proved that the occupier consented to the entry.
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