sec.173BAdditional power of police officer for executing warrant

### sec.173B Additional power of police officer for executing warrant This section applies to a police officer who— is an inspector exercising powers under a warrant issued under this Act; or is helping an inspector, who is not a police officer, exercise powers under a warrant issued under this Act. If the police officer suspects, on reasonable grounds, the presence of a person places the safety of an inspector or a police officer at risk, the police officer may direct the person— to remain in a stated position in the place, boat or vehicle where the powers are being exercised, while the police officer or an inspector exercises the powers; or to accompany the police officer while the police officer or an inspector exercises the powers; or to leave the place, boat or vehicle where the powers are being exercised and not return to the place, boat or vehicle while the police officer or an inspector is exercising the powers. When giving the direction, the police officer must warn the person it is an offence to fail to comply with the direction, unless the person has a reasonable excuse. A direction given under this section is taken to have been given under the Police Powers and Responsibilities Act 2000 for the purposes of section 791 of that Act. If an inspector who is not a police officer asks a police officer to help exercise powers under a warrant issued under this Act, the inspector must explain to the police officer the powers the police officer has under this section. This section does not limit the powers of the police officer under the Police Powers and Responsibilities Act 2000 . See, for example, the Police Powers and Responsibilities Act 2000 , chapter 1 , part 3 , division 2 for particular powers that a police officer helping an inspector may exercise under that Act. s 173B ins 2019 No. 6 s 18 amd 2024 No. 17 s 153 (sec.173B-ssec.1) This section applies to a police officer who— is an inspector exercising powers under a warrant issued under this Act; or is helping an inspector, who is not a police officer, exercise powers under a warrant issued under this Act. (sec.173B-ssec.2) If the police officer suspects, on reasonable grounds, the presence of a person places the safety of an inspector or a police officer at risk, the police officer may direct the person— to remain in a stated position in the place, boat or vehicle where the powers are being exercised, while the police officer or an inspector exercises the powers; or to accompany the police officer while the police officer or an inspector exercises the powers; or to leave the place, boat or vehicle where the powers are being exercised and not return to the place, boat or vehicle while the police officer or an inspector is exercising the powers. (sec.173B-ssec.3) When giving the direction, the police officer must warn the person it is an offence to fail to comply with the direction, unless the person has a reasonable excuse. (sec.173B-ssec.4) A direction given under this section is taken to have been given under the Police Powers and Responsibilities Act 2000 for the purposes of section 791 of that Act. (sec.173B-ssec.5) If an inspector who is not a police officer asks a police officer to help exercise powers under a warrant issued under this Act, the inspector must explain to the police officer the powers the police officer has under this section. (sec.173B-ssec.6) This section does not limit the powers of the police officer under the Police Powers and Responsibilities Act 2000 . See, for example, the Police Powers and Responsibilities Act 2000 , chapter 1 , part 3 , division 2 for particular powers that a police officer helping an inspector may exercise under that Act. - (a) is an inspector exercising powers under a warrant issued under this Act; or - (b) is helping an inspector, who is not a police officer, exercise powers under a warrant issued under this Act. - (a) to remain in a stated position in the place, boat or vehicle where the powers are being exercised, while the police officer or an inspector exercises the powers; or - (b) to accompany the police officer while the police officer or an inspector exercises the powers; or - (c) to leave the place, boat or vehicle where the powers are being exercised and not return to the place, boat or vehicle while the police officer or an inspector is exercising the powers.