Commentary on Sections Offences Section 107 – Warrant to enter land
280.This section provides that a justice of peace may issue a warrant conferring a power to enter land if the justice of the peace is satisfied that there are reasonable grounds for entering land to assess whether an offence under section 103 or 104 is being, or has been, committed on or in respect of the land and that admission to the land has been refused or is reasonably expected to be refused, or the case is one of urgency.
281.An admission to land is to be treated as a refusal if no reply is received to a request for admission within a reasonable period.
282.Where a warrant is issued under this section, it can only confer a power to enter land on one occasion and at a reasonable time, unless the case is one of urgency. The warrant will cease to have effect 1 month from the day it is issued.
283.Where a person is authorised to enter land, they must produce evidence of their authorisation to do so and the purpose of entry, if requested and may take on to the land any other persons considered necessary. They must also leave the land effectively secured against trespassers if they leave when no owner or occupier is present.