Undercover Customs

[JPaul]

Isn't it the case that most of these rights of entry are in effect with the owners consent. They can say we have the right of entry but if the owner doesn't open the door then they can't actually force entry. Or indeed enter covertly.

The reality is that the right can then be used to get a warrant, which will then be executed. Only then after having actually tried to enter the premises and been refused. Otherwise they wouldn't be allowed to get the warrant if the owner hadn't actually committed a criminal offence.

[bigboab]

Isn't it the case that most of these rights of entry are in effect with the owners consent. They can say we have the right of entry but if the owner doesn't open the door then they can't actually force entry. Or indeed enter covertly.

The reality is that the right can then be used to get a warrant, which will then be executed. Only then after having actually tried to enter the premises and been refused. Otherwise they wouldn't be allowed to get the warrant if the owner hadn't actually committed a criminal offence.

No, that is not the case. In most cases when reasonable right of entry is refused the power involved asks for police assistance to force their original right of entry. They are not required to go to a court or a Justice Of Peace to give them a warrant to carry out a right that they already possess.

[JPaul]

Isn't it the case that most of these rights of entry are in effect with the owners consent. They can say we have the right of entry but if the owner doesn't open the door then they can't actually force entry. Or indeed enter covertly.

The reality is that the right can then be used to get a warrant, which will then be executed. Only then after having actually tried to enter the premises and been refused. Otherwise they wouldn't be allowed to get the warrant if the owner hadn't actually committed a criminal offence.

No, that is not the case. In most cases when reasonable right of entry is refused the power involved asks for police assistance to force their original right of entry. They are not required to go to a court or a Justice Of Peace to give them a warrant to carry out a right that they already possess.

Cheers for the clarification.

One would think there were ECHR problems with that. The right to privacy and all that. It's difficult to see how reading a meter (or similar) would be proportionate to forcing entry to someone's home.

Secondly, if you don't mind, are these things for the whole of the UK. As you know Scotland often has different rules for entry. PACE Sect 18 being a classic example.

[bigboab]

No, that is not the case. In most cases when reasonable right of entry is refused the power involved asks for police assistance to force their original right of entry. They are not required to go to a court or a Justice Of Peace to give them a warrant to carry out a right that they already possess.

Cheers for the clarification.

One would think there were ECHR problems with that. The right to privacy and all that. It's difficult to see how reading a meter (or similar) would be proportionate to forcing entry to someone's home.

Secondly, if you don't mind, are these things for the whole of the UK. As you know Scotland often has different rules for entry. PACE Sect 18 being a classic example.

In most cases the Warrant is empowered by the Act Of Parliament therefore another warrant is not required. It will tell you in the Act Of Parliament heading which area the law applies to.

Is most cases reason is applied.

As for the Gas board and Electricity Board their equipment inside a dwelling is sealed by them. They are allowed to check these seals occasionally, especially if they think they have been tampered with. i.e. too low a bill etc. In those cases they send out a 'meter reader' who also checks the seals.

The criminal Law in Scotland is a good example of the difference between us and England.

In Scotland you require two or more witnesses or one witness plus enough other evidence to equal another witness. The exceptions are police or traffic wardens on traffic duty. If they tell you to stop, you stop, or it only requires their sole evidence to convict you.

In England only one witness is required. I don't know if Wales and Northern Ireland are different legally.

[JPaul]

Cheers for the clarification.

One would think there were ECHR problems with that. The right to privacy and all that. It's difficult to see how reading a meter (or similar) would be proportionate to forcing entry to someone's home.

Secondly, if you don't mind, are these things for the whole of the UK. As you know Scotland often has different rules for entry. PACE Sect 18 being a classic example.

In most cases the Warrant is empowered by the Act Of Parliament therefore another warrant is not required. It will tell you in the Act Of Parliament heading which area the law applies to.

Bit confused here.

What Warrant are we talking about. The first time you mention the word.

[bigboab]

In most cases the Warrant is empowered by the Act Of Parliament therefore another warrant is not required. It will tell you in the Act Of Parliament heading which area the law applies to.

Bit confused here.

What Warrant are we talking about. The first time you mention the word.

The Act Of Parliament is the warrant giving right of entry to the various powers concerned with that act. The powers concerned invoke their right of entry as specified in the Act Of Parliament.

[JPaul]

Bit confused here.

What Warrant are we talking about. The first time you mention the word.

The Act Of Parliament is the warrant giving right of entry to the various powers concerned with that act. The powers concerned invoke their right of entry as specified in the Act Of Parliament.

Gotcha, they don't actually apply for a warrant to a judge or anything.