Clause 11 - Bail to which Part II of the Criminal Justice (Northern Ireland) Order 2003 applies

Justice (Northern Ireland) Bill [Lords] – in a Public Bill Committee at 11:00 am on 1st April 2004.

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Amendment made: No. 6, in

clause 11, page 8, line 20, leave out 'and' and insert—

'( ) after paragraph (3) insert—

''(3A) If, on an application made by a constable, a justice of the peace is satisfied that—

(a) there are reasonable grounds for believing that a person who is liable to arrest under paragraph (3) is to be found on the premises specified in the application; and

(b) any of the conditions specified in paragraph (3B) is satisfied,

he may issue a warrant authorising a constable to enter those premises (if need be by force) and search them for the purpose of arresting that person.

(3B) The conditions mentioned in paragraph (3A) are—

(a) that it is not practicable to communicate with any person entitled to grant entry to the premises;

(b) that entry to the premises will not be granted unless a warrant is produced;

(c) that the purpose of a search of the premises may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.''; and'.—[Mr. Spellar.]

Clause 11, as amended, ordered to stand part of the Bill.