Warrant where entry denied or authority to remain refused
83 Warrant where entry denied or authority to remain refused
A police officer may apply to an authorised officer for a warrant if the police officer—
has been denied entry to a specified dwelling or is expressly refused authority to remain in a specified dwelling by an occupier of the dwelling, and
the police officer suspects that—
a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed in the dwelling, and
it is necessary for a police officer to enter the dwelling immediately, or to remain in the dwelling, in order to investigate whether a domestic violence offence has been committed or to take action to prevent the commission or further commission of a domestic violence offence.
An authorised officer may, if satisfied that there are reasonable grounds for the police officer’s suspicion, issue a warrant authorising any police officer—
to enter or remain in the dwelling, and
to investigate whether a domestic violence offence has taken place or to take action to prevent the commission or further commission of a domestic violence offence, or both.
Note.
For provisions relating to applications for warrants, and other related matters, see section 59.
This Act’s bill:Explanatory memorandumSecond reading speech
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