sec.185Entry with consent

sec.185 Entry with consent

This section applies if an investigator intends to ask an occupier of a place to consent to the investigator or another investigator entering the place under section 184 (1) (a) . Before asking for the consent, the investigator must tell the occupier— the purpose of the entry; and that the occupier is not required to consent. If the consent is given, the investigator may ask the occupier to sign an acknowledgement of the consent. The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the investigator consent to enter the place and exercise powers under this part; and the time and date the consent was given. If the occupier signs the acknowledgement, the investigator must immediately give a copy to the occupier. If— an issue arises in a proceeding before a court or a practice and conduct committee about whether the occupier of the place consented to the entry; and an acknowledgement mentioned in subsection (4) is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented. s 185 amd 2016 No. 46 s 105 (sec.185-ssec.1) This section applies if an investigator intends to ask an occupier of a place to consent to the investigator or another investigator entering the place under section 184 (1) (a) . (sec.185-ssec.2) Before asking for the consent, the investigator must tell the occupier— the purpose of the entry; and that the occupier is not required to consent. (sec.185-ssec.3) If the consent is given, the investigator may ask the occupier to sign an acknowledgement of the consent. (sec.185-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the investigator consent to enter the place and exercise powers under this part; and the time and date the consent was given. (sec.185-ssec.5) If the occupier signs the acknowledgement, the investigator must immediately give a copy to the occupier. (sec.185-ssec.6) If— an issue arises in a proceeding before a court or a practice and conduct committee about whether the occupier of the place consented to the entry; and an acknowledgement mentioned in subsection (4) is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.

• (a) the purpose of the entry; and
• (b) that the occupier is not required to consent.
• (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and
• (i) the purpose of the entry; and
• (ii) that the occupier is not required to consent; and