PART 15SUPPLEMENTARY

Warrants

I1292Warrants

1

This section applies if it appears to a lay magistrate, on complaint on oath made by an officer of an HSC trust or a constable—

a

that there is reasonable cause to believe that a relevant person is to be found on any premises;

b

that admission to the premises has been refused or that a refusal of such admission is apprehended; and

c

that it is reasonable in the circumstances to issue a warrant.

2

The lay magistrate may issue a warrant authorising any constable accompanied by a medical practitioner to enter the premises, if need be by force, and remove the relevant person.

3

A constable executing a warrant under subsection (2) may be accompanied by an approved social worker (as well as a medical practitioner).

4

It is not necessary to name the relevant person in any complaint or warrant under this section.

5

In this section “relevant person” means a person who—

a

by virtue of this Act, is liable to be detained in a place in circumstances amounting to a deprivation of liberty; and

b

is, by virtue of this Act, to be taken to that place.