PART 4Enforcement

Enforcement powers

Power of entry in respect of managed isolation

22.—(1) A constable may enter premises in order—

(a)to search for a person who is suspected of committing an offence of contravening the requirement in paragraph 8 of Schedule 7,

(b)to remove a person of the description in sub-paragraph (a) to accommodation designated by the Department for the purposes of Schedule 7.

(2) The power in paragraph (1) is exercisable if the constable—

(a)has reasonable grounds to believe that a person of the description in paragraph (1)(a) is in or on the premises, and

(b)has a reasonable belief that it is necessary and proportionate to enter the premises for the purposes specified in paragraph (1)(b).

(3) But the power in paragraph (1) does not authorise entry to any part of the premises which is used as a private dwelling, unless a magistrates’ court has issued a warrant authorising this under paragraph (6).

(4) A constable exercising the power in paragraph (1) or executing a warrant under paragraph (6)—

(a)may use reasonable force if necessary, and

(b)may be accompanied by a community support officer (within the meaning of the Police (Northern Ireland) Act 2003(1)).

(5) A constable exercising the power in paragraph (1) or executing a warrant under paragraph (6)—

(a)if asked by a person on the premises, must show evidence of the constable’s identity and outline the purpose for which the power is being exercised, and

(b)if the premises are unoccupied or the occupier is temporarily absent, must leave the premises as effectively secured against unauthorised entry as when the constable found them.

(6) If it is shown to the satisfaction of a magistrates’ court on sworn information in writing that—

(a)there are reasonable grounds to believe that a person of the description in paragraph (1)(a) is in or on the premises, and

(b)it is necessary and proportionate to enter the premises for the purposes specified in paragraph (1)(b),

then the court may by signed warrant authorise a constable to enter the premises.

(7) In this regulation, “premises” includes any building or structure and any land.