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Contents (2002 - 103)
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Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Current version for 6 December 2019 to date (accessed 29 January 2020 at 19:55)
Part 6 Section 82
82   Entry by invitation
(cf Crimes Act 1900, s 357F)
(1)  A police officer who believes on reasonable grounds that a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed, in any dwelling may, if invited to do so by a person who apparently resides in the dwelling (whether or not the person is an adult) enter the dwelling and remain in the dwelling for any of the following purposes—
(a)  to investigate whether a domestic violence offence has been committed,
(b)  to take action to prevent the commission or further commission of a domestic violence offence.
(2)  However, a police officer may not enter or remain in a dwelling merely because of any such invitation if—
(a)  authority to so enter or remain is expressly refused by an occupier of the dwelling, and
(b)  the police officer is not otherwise authorised (whether under this or any other Act or law or subsection (3) or (3A)) to so enter or remain.
(3)  A police officer may exercise a power to enter and remain in a dwelling if the invitation to enter and remain is given by a person who apparently resides in the dwelling and whom the police officer believes to be the victim of a domestic violence offence, even if another occupier of the dwelling expressly refuses authority to the police officer to do so.
(3A)  A police officer who has entered a dwelling in accordance with this section may remain in the dwelling and exercise any of the following powers until such time as a warrant is issued under section 83 in relation to the dwelling—
(a)  direct a person to leave, or not to enter, the dwelling,
(b)  remove from the dwelling a person who fails to comply with a direction to leave the dwelling,
(c)  prevent a person from entering the dwelling,
(d)  prevent a person from removing evidence from or otherwise interfering with the dwelling or anything in it and, for that purpose, detain and search the person.
(3B)  Such a power may be exercised only if the police officer suspects on reasonable grounds that—
(a)  a domestic violence offence is being, or may have been recently, committed in the dwelling, and
(b)  the exercise of the power is necessary to preserve evidence of the commission of the offence.
(3C)  A police officer may exercise a power under subsection (3A) even though an occupier of the dwelling expressly refuses authority to the police officer to remain in the dwelling.
(4)  For the purposes of this section, a victim of a domestic violence offence is any person against whom a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed.