Road Traffic (Administration) Act 2008

This section applies to and in respect of the entry of premises where the entry is to be made under this Part.

If the occupier of premises is present when it is proposed to enter the premises, a police officer must, before any police officer enters the premises —

identify himself or herself to the occupier; and

inform the occupier that it is intended to enter the premises; and

if the premises are to be entered under a warrant issued under section 65, give the occupier a copy of the warrant; and

if the premises are to be entered under section 54(5) or 55(5)(b) or (c) (including under any of those sections as applied by section 61A(4) or 61B(6)), inform the occupier of the relevant provision and the reason for the entry; and

give the occupier an opportunity to consent to the premises being entered,

If subsection (2) is not complied with before premises are entered, then as soon as practicable after the place is entered a police officer must —

identify himself or herself to the occupier; and

if the entry was under warrant issued under section 65, give the occupier a copy of the warrant; and

if the entry was under section 54(5) or 55(5)(b) or (c) (including under any of those sections as applied by section 61A(4) or 61B(6)), inform the occupier of the relevant provision and the reason for the entry.

If the occupier of premises is present in the premises during a search, a police officer doing the search must not prevent the occupier, or a person nominated by the occupier, from observing the search, unless —

the officer reasonably suspects that the occupier or person might be endangered if the occupier or person were to observe the search; or

the occupier or person obstructs the search; or

it is impracticable for the occupier or person to observe the search.

If no occupier is present at premises that are entered by 1 or more police officers, the officer in charge must, before leaving the premises, leave in a prominent position in the premises —

a notice stating —

the officer’s official details; and

that the premises have been entered;

if the entry was under warrant issued under section 65 — a copy of the warrant completed in accordance with section 66(5); and

if the entry was under section 54(5) or 55(5)(b) or (c) (including under any of those sections as applied by section 61A(4) or 61B(6)) — a notice informing the occupier of the relevant provision and the reason for the entry.

The copy of a warrant given under subsection (2)(c) or (3)(b) or left under subsection (5)(b) must omit the name of the judicial officer who issued it.