CRIMINAL INVESTIGATION ACT 2006 - SECT 40
CRIMINAL INVESTIGATION ACT 2006 - SECT 40
40 . Place, entry of to establish protected forensic area for serious offence
(1) In this section
—
serious offence means an offence the statutory
penalty for which is or includes imprisonment for 5 years or more or life.
(2) If a police
officer reasonably suspects —
(a) that
a serious offence has been or is being committed in a place; or
(b) that
there is in a place a thing relevant to a serious offence,
the officer may enter
the place and, under section 46, establish a protected forensic area there.
(3) A police officer
may only exercise the power in subsection (2) in a public open area if the
officer reasonably suspects that it is necessary to do so —
(a) to
prevent a thing relevant to the serious offence that is or may be in the area
from being concealed or disturbed until the area has been properly inspected
or examined; or
(b) to
protect the safety of any person who is in or may enter the area.
(4) A police officer
may only exercise the power in subsection (2) in a place that is not a public
open area if the officer reasonably suspects that in the time it would take to
get a search warrant —
(a) a
thing relevant to the serious offence that is or may be in the place is likely
to be concealed or disturbed; or
(b) the
safety of a person who is in or may enter the place is likely to be
endangered.