74Consent to entry

74 Consent to entry (1) When seeking the consent of an occupier of premises or a vehicle to enter the premises or vehicle under section 72 (1) (c), an authorised person must— (a) either— (i) if the person is an authorised person (other than a police officer)—produce the person’s identity card; or (ii) if the person is a police officer—produce evidence that the person is a police officer; and

(b) tell the occupier— (i) the purpose of the entry; and (ii) that anything seized under this division may be used in evidence in court; and (iii) that consent may be refused. (2) If the occupier consents, the authorised person must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)— (a) that the occupier was told— (i) the purpose of the entry; and (ii) that anything found and seized under this division may be used in evidence in court; and (iii) that consent may be refused; and (b) that the occupier consented to the entry; and (c) stating the time and date consent was given. (3) If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier. (4) A court must find that an occupier did not consent to entry to the premises or a vehicle by the authorised person under this division if— (a) the question arises in a proceeding in the court whether the occupier consented to the entry; and (b) an acknowledgment of consent is not produced in evidence; and (c) it is not proved that the occupier consented to the entry.