Use of force likely to cause damage to enter places
635 Use of force likely to cause damage to enter places
This section applies if a police officer intends to enter a place to arrest or detain someone, or to search a place, or to establish a crime scene.
Before the police officer uses force that may cause damage to a place to gain entry to the place, the police officer must, if reasonably practicable—
ask the occupier of the place to allow the police officer to enter the place; and
give the occupier a reasonable opportunity to allow the entry.
It may not be reasonably practicable for a police officer to comply with subsection (2) if, for example—
there is an immediate or sudden need to use force because, for example, the person is struggling with a police officer; or
there is a reasonable expectation that, if warned, the person may immediately dispose of or destroy evidence; or
an immediate search is necessary to protect the safety of any person.
This Act’s bill:Explanatory memorandum
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