CRIMINAL INVESTIGATION ACT 2006 - SECT 35

CRIMINAL INVESTIGATION ACT 2006 - SECT 35

35 .         Place or vehicle, entry of to prevent violence

        (1)         A police officer who reasonably suspects that any of the following is occurring or is just about to occur in a place or vehicle may enter the place, or may stop and enter the vehicle, in order to prevent it —

            (a)         an act by a person —

                  (i)         that involves or is likely to involve the use of violence against a person; or

                  (ii)         that is likely to cause a person to use violence against another person; or

                  (iii)         that is likely to cause a person to fear violence will be used by a person against another person;

                or

            (b)         any other breach of the peace by a person; or

            (c)         an act by a person that will or is likely to kill a person or cause serious injury to a person; or

            (d)         an act by a person that will or is likely to cause serious and unlawful damage to property.

        (2)         If a police officer who enters a place or vehicle under subsection (1) finds a thing relevant to an offence, whether or not the offence arises out of the circumstances that caused the officer to enter the place or vehicle, the officer —

            (a)         may, subject to section 146, seize the thing; and

            (b)         whether or not the officer seizes the thing, may do a forensic examination on it.

        [Section 35. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section deleted 1 Nov 2009; altered 13 Jul 2010. See endnote 1M.]