CRIMINAL INVESTIGATION ACT 2006 - SECT 31

CRIMINAL INVESTIGATION ACT 2006 - SECT 31

31 .         Occupier’s rights

        (1)         This section applies to and in respect of the entry of a place where the entry is to be made under section 20(3), this Part or Part 12 Division 3.

        (2)         If the occupier of a place is present when it is proposed to enter the place, an officer must, before any officer enters the place —

            (a)         identify himself or herself to the occupier; and

            (b)         inform the occupier that it is intended to enter the place; and

            (c)         if the place is to be entered under a search warrant, give the occupier a copy of the warrant; and

            (d)         if the place is to be entered under some other statutory authority, inform the occupier of the reason, and the statutory authority, for the entry; and

            (e)         give the occupier an opportunity to give informed consent to the place being entered,

                unless the officer reasonably suspects that to do so will endanger any person, including the officer, or jeopardise the purpose of the proposed entry or the effectiveness of any search of the place.

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

            (a)         identify himself or herself to the occupier; and

            (b)         if the entry was under a search warrant, give the occupier a copy of the warrant; and

            (c)         if the entry was under some other statutory authority, inform the occupier of the reason, and the statutory authority, for the entry.

        (4)         If the occupier of a place is present in the place when it is being searched, an officer doing the search must not prevent the occupier, or a person nominated by the occupier, from observing the search, unless —

            (a)         the officer reasonably suspects that the occupier or person might be endangered if he or she were to observe the search; or

            (b)         the occupier or person obstructs the search; or

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

        (5)         If a place that is entered by one or more officers is unoccupied, the officer in charge must leave the following in a prominent position in the place before leaving the place —

            (a)         a notice stating —

                  (i)         the officer’s official details; and

                  (ii)         that the place has been entered;

                and

            (b)         if the entry was under a search warrant, a copy of the warrant completed in accordance with section 45(3); and

            (c)         if the entry was under some other statutory authority, the reason, and the statutory authority, for the entry.

        (6)         The copy of a search 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.