39Power to enter premises

39 Power to enter premises (1) This section applies if — (a) a preventative detention order is in force for a person; and (b) a police officer believes, on reasonable grounds, that the person is on any premises.

(2) The police officer may enter the premises, using any reasonably necessary force, and with any reasonably necessary assistance from other police officers, at any time of the day or night for the purpose of searching the premises for the person or taking the person into custody. (3) However, the police officer must not enter premises (or a part of premises) used for residential purposes at any time between 9 pm on a day and 6 am on the next day unless the police officer believes, on reasonable grounds, that— (a) it would not be practicable to take the person into custody, either at the premises or somewhere else, at another time; or (b) it is necessary to enter the premises to prevent the concealment, loss or destruction of evidence of, or relating to, a terrorist act.