175Consent to entry

175 Consent to entry (1) When seeking the consent of an occupier to enter premises under section 173 (1) (f), an authorised person must— (a) produce either— (i) for an authorised person who is not a police officer— (A) their identity card; or (B) evidence that they are an authorised person; or (ii) for a police officer—evidence that they are a police officer; and

(b) tell the occupier— (i) the purpose of the entry; and (ii) the reason for, and identity of, any other person accompanying the authorised person; and (iii) that anything found and seized under this part may be used in evidence in court; and (iv) that consent may be refused. (2) If the occupier consents, the authorised person must ask the occupier to give their consent in writing (an acknowledgment of consent)— (a) that the occupier was told— (i) the purpose of the entry; and (ii) the reason for, and identity of, any other person accompanying the authorised person; and (iii) that anything found and seized under this part may be used in evidence in court; and (iv) that consent may be refused; and (b) that the occupier consents to the entry; and (c) stating the time and date when consent was given. (3) If the occupier gives an acknowledgment of consent, the authorised person must be reasonably satisfied that the occupier has a copy of the acknowledgment. (4) A court must find that the occupier did not consent to entry to the premises by the authorised person under this part if— (a) the question whether the occupier consented to the entry arises in a proceeding in the court; and

(b) an acknowledgment of consent for the entry is not produced in evidence; and (c) it is not proved that the occupier consented to the entry.