- (1)
- Subject to subsection (2), if:
- (a)
- a police officer has, under this Act or pursuant to a warrant issued under
this Act, power to arrest a person; and
- (b)
- the police officer believes on reasonable grounds that the person is on
any premises;
the police officer may enter the premises, using such force as is necessary
and reasonable in the circumstances, at any time of the day or night for the
purpose of searching the premises for the person or arresting the person.
- (2)
- A police officer must not enter a dwelling house under subsection (1)
at any time during the period commencing at 9 pm on a day and ending at 6 am
on the following day unless the police officer believes on reasonable grounds
that:
- (a)
- it would not be practicable to arrest the person, either at the dwelling
house or elsewhere, at another time; or
- (b)
- it is necessary to do so in order to prevent the concealment, loss or
destruction of evidential material.
- (3)
- In subsection (2):
"dwelling house" includes a conveyance, and a room in a hotel, motel, boarding
house, or club, in which people ordinarily retire for the night.