106LPower of police to enter certain premises

### 106L Power of police to enter certain premises > *\[Section 106L Inserted by No. 8 of 1988, s. 5 \]* > > > (1)  A police officer may – > > > > > > (a) at the request of a person who apparently resides on any premises; or > > > > > > > (b) if he has reason to believe that a person on those premises is or may be under threat or attack or has recently been under threat or attack or that an attack on such a person is imminent – > > > > enter those premises and remain on the premises for such period as he considers necessary to prevent a breach of the peace. > > > (1A)  *\[Section 106L Subsection (1A) inserted by No. 21 of 1992, s. 10 \]*A police officer who has entered premises pursuant to [subsection (1)](#GS106L@Gs1@EN) may apprehend, without warrant, a person on those premises to facilitate the making of an application for a restraint order in respect of that person. > > > (2)  A police officer who enters premises pursuant to [subsection (1)](#GS106L@Gs1@EN) may, without warrant – > > > > > > (a) search any person on those premises whom he suspects on reasonable grounds to have in his possession any object; > > > > > > > (b) search those premises for the presence of any object; and > > > > > > > (c) seize and detain any object – > > > > which the police officer suspects on reasonable grounds has been used or may be used to threaten or injure any person on those premises. > > > (3)  For the purpose of [subsection (2)](#GS106L@Gs2@EN) , if a person on premises entered by a police officer pursuant to [subsection (1)](#GS106L@Gs1@EN) alleges to a police officer that an object has been used to threaten or injure that person, that allegation shall be sufficient justification for a police officer to search any person, to search the premises, and to seize and detain that object. > > > (3A)  *\[Section 106L Subsection (3A) inserted by No. 21 of 1992, s. 10 \]**\[Section 106L Subsection (3A) substituted by No. 64 of 1994, s. 12 \]*If a police officer has reason to believe that a person has acted in a manner that would constitute grounds for the making of a restraint order and in so acting has used an object to threaten or injure another person, the officer may, without warrant and using such force as is necessary – > > > > > > (a) enter any premises on which the officer has reasonable cause to suspect that the object may be found; and > > > > > > > (b) search those premises for the object; and > > > > > > > (c) search any person whom the officer has reasonable cause to suspect has possession of the object; and > > > > > > > (d) seize and retain the object. > > > (3B)  *\[Section 106L Subsection (3B) inserted by No. 64 of 1994, s. 12 \]*For the purposes of [subsection (3A)](#GS106L@Gs3A@EN) , if a person alleges to a police officer that another person has acted in a manner that would constitute grounds for the making of a restraint order and in so acting has used an object to threaten or injure him, her or any other person, that allegation is sufficient justification for a police officer to take any action specified in [subsection (3A)](#GS106L@Gs3A@EN) . > > > (4)  *\[Section 106L Subsection (4) amended by No. 21 of 1992, s. 10 \]*On an application made by a police officer or by any person who claims to be the owner of an object seized and detained under [subsection (2)](#GS106L@Gs2@EN) or [(3A)](#GS106L@Gs3A@EN) , justices may order that the object – > > > > > > (a) be forfeited to Her Majesty; > > > > > > > (b) be destroyed; > > > > > > > (c) be returned to that person; or > > > > > > > (d) be otherwise disposed of in such manner as justices think fit. > > > (5)  *\[Section 106L Subsection (5) amended by No. 21 of 1992, s. 10 \]*Where an object is seized and detained under [subsection (2)](#GS106L@Gs2@EN) , or [(3A)](#GS106L@Gs3A@EN) and an application for an order has not been made under [subsection (4)](#GS106L@Gs4@EN) within 60 days after the date of the seizure, the object shall be returned to the person from whom it was seized.