ACTIn ForceAct
Crimes Act 1900
220Power to enter premises to arrest offender
Start here
Get a plain-English read of 220
Turn the raw legal text into a practical explanation grounded in Crimes Act 1900.
220 Power to enter premises to arrest offender
(1) Subject to subsection (3), if—
(a) an officer has, under a warrant, power to arrest the person for an
(b) the officer believes on reasonable grounds that the person is on
any premises;
the police officer may enter the premises, using the force that 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) an officer has the power under section 212 to arrest the person
without warrant for an offence; and
(b) the offence is a relevant offence; and
(c) the police officer believes on reasonable grounds that the person
is on any premises;
the police officer may enter the premises, using the force that 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 police officer shall not enter a dwelling house under subsection (1)
or (2) at any time during the period commencing at 9 pm on a day and
ending at 6 am on the following day unless the executing officer
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
destruction of evidence relating to the offence.
dwelling house includes a conveyance, and a room in a hotel, motel,
boarding house or club, where people ordinarily sleep at night.
relevant offence means—
(a) a serious offence; or
(b) an offence against any of the following:
(i) section 380 (Possession of offensive weapons and
disabling substances);
(ii) section 381 (Possession of offensive weapons and
disabling substances with intent);
(iii) the Criminal Code, section 321 (Minor theft).