CRIMES ACT 1914

Part IAA - Search, information gathering, arrest and related powers (other than powers under delayed notification search warrants)  

Division 4 - Arrest and related matters  

SECTION 3ZB   Power to enter premises to arrest offender  

(1)  
Subject to subsection (3), if:


(a) a constable has, under a warrant, power to arrest a person for an offence; and


(b) the constable believes on reasonable grounds that the person is on any premises;

the constable 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)  
Subject to subsection (3), if:


(a) a constable may, under section 3W or 3WA , arrest a person without warrant for an offence; and


(b) the offence is an indictable offence; and


(c) the constable believes on reasonable grounds that the person is on any premises;

the constable 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.

(3)  
A constable must not enter a dwelling house under subsection (1) or (2) at any time during the period commencing at 9 p.m. on a day and ending at 6 a.m. on the following day unless the constable 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 evidence relating to the offence.

(4)  
In subsection (3):

dwelling house
includes a conveyance, and a room in a hotel, motel, boarding house or club, in which people ordinarily retire for the night.


 

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