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Powers of Entry

Volume 487: debated on Wednesday 11 February 2009

To ask the Secretary of State for the Home Department what guidance her Department has issued to public authorities with powers of entry on the manner in which those powers should be exercised in respect of forced entry. (256717)

Section 67(9) of the Police and Criminal Evidence Act (PACE) 1984 requires that persons other than police officers charged with the duty of investigating offences or charging offenders shall have regard to the relevant provisions of the PACE code of practice. PACE code B on searching premises and seizing property requires that reasonable and proportionate force may be used if necessary to enter premises if the person in charge of the search is satisfied the premises are those specified in any warrant or in the exercise of statutory powers and if the occupier or any other person entitled to grant access has refused entry; it is impossible to communicate with the occupier or any other person entitled to grant access; the person entitled to grant access is absent; or there are reasonable grounds to believe that alerting the occupier or any other person entitled to grant access would frustrate the object of the search or endanger those exercising the search or others.