CS: Pol-statutory right of entry
From: Jeremy Peter Howells, [EMAIL PROTECTED] There are various emergency powers that can be brought into force by such people as the Ministry of Agriculture, Fisheries and Food (Swine Fever, Foot and Mouth, etc), MOD, Home Office and vaious other government departments and organisations under Emergency Powers Acts or emergency situations covered in other acts. Some of the powers are almost literally draconian - right of entry and seizure of goods and property, summary arrest and detention without trial, etc. Regards Jerry -- Oh yeah, there are draconian emergency powers, have a read of Section 6 of the Firearms Act 1968 for example. There are all sorts of emergency orders and so on still in force regulating all sorts of things in Northern Ireland. Steve. Cybershooters website: http://www.cybershooters.org List admin: [EMAIL PROTECTED] ___ T O P I C A http://www.topica.com/t/17 Newsletters, Tips and Discussions on Your Favorite Topics
CS: Pol-statutory right of entry
From: "E.J. Totty", [EMAIL PROTECTED] The VAT men (Customs and Excise) have always had awesome powers. Who would cheat the Queens revenue men? I wish the police had their powers. IG (only kidding) Steve , IG, Considering the implications of 'heritage' in law, this is one American who wonders how it came to be that the tax man managed to acquire such powers as to by-pass the local Sheriff in the area of enforcement. It would have been 'nice' had your henchmen of yore been completely dependant upon the local constabulary to assist them. Local police tend to have a more domestic outlook, because they do have to live in the area of their jurisdiction -- usually. Having to contend with the locals would, I think, impart a sense of humility -- no? In my opinion, however irrelevant it might be, all law enforcement should be local, and extend no further that the county. ET Cybershooters website: http://www.cybershooters.org List admin: [EMAIL PROTECTED] ___ T O P I C A http://www.topica.com/t/17 Newsletters, Tips and Discussions on Your Favorite Topics
CS: Pol-statutory right of entry
From: [EMAIL PROTECTED] The Control of Explosives Regulations, 1991 give enormous power to the HSE and, as their Agents, the police, to enter any premises where they have reason to believe that any explosives, powder, black powder, fireworks etc are being held contrary to the COER, 1991. The Firearms Act, 1968 also entitles a constable to enter any place if he believes that a firearms offence (as described in the Act) is being, has been or is about to be carried out! Extensive powers indeed! R.V.Malbon -- I'm familiar with the 1991 regs but there is more to it than that, it depends on the mechanism used to enforce it and what the regulations are for that. HSE tends towards business premises, so it may be the police would only use the power to enter business premises without a warrant. I'm not aware of anyone who has had their private residence entered without a warrant with those powers. Steve. Cybershooters website: http://www.cybershooters.org List admin: [EMAIL PROTECTED] ___ T O P I C A http://www.topica.com/t/17 Newsletters, Tips and Discussions on Your Favorite Topics
CS: Pol-statutory right of entry
From: "niel fagan", [EMAIL PROTECTED] Anyone got a copy of Richard Stillgo on thats life singing the "they have a statutory right of entry to your home" song? Just a passing thought. Cybershooters website: http://www.cybershooters.org List admin: [EMAIL PROTECTED] ___ T O P I C A http://www.topica.com/t/17 Newsletters, Tips and Discussions on Your Favorite Topics
CS: Pol-statutory right of entry
From: [EMAIL PROTECTED] Anyone got a copy of Richard Stillgo on thats life singing the "they have a statutory right of entry to your home" song? Just a passing thought. Wasn't that the "Nationwide" news programme of some years ago? Amazing what you can remeber when you were a very, very, very small child aint it? Jonathan Laws. Cybershooters website: http://www.cybershooters.org List admin: [EMAIL PROTECTED] ___ T O P I C A http://www.topica.com/t/17 Newsletters, Tips and Discussions on Your Favorite Topics
CS: Pol-statutory right of entry
From: "Chris Lloyd", [EMAIL PROTECTED] HSE union reps. have right of entry to any property that have their members working there and can ask for police assistance in gaining entry and carrying out the inspection. The RSPCA and NSPCC can also request this assistance for their work. The police have their own HSE union ( sorry federation ) reps I believe. Chris. Cybershooters website: http://www.cybershooters.org List admin: [EMAIL PROTECTED] ___ T O P I C A http://www.topica.com/t/17 Newsletters, Tips and Discussions on Your Favorite Topics
CS: Pol-statutory right of entry
From: "pa49", [EMAIL PROTECTED] I think it's time to get the legal definition of "Right of entry". I have experience of being in a position where I was issued with a warrant card which entitled me to demand entry to a property or access to personal or business possessions. I could not however break in, I needed another warrant for that and the presence of the police. I could legaly "gain access" without further warrant, to a property or possessions, if a door was unlocked or if a window was left open. The overiding factor was that I had to have "good cause" to gain the access that was saught. In my case the "good cause" was the collection of considerable amounts of money, all other methods having failed, by distraint of goods. I believe that the majority of Gov Depts have similar powers for when they feel they have "good cause". Possibly the most powerful are the DSS and Social Services who can basicaly do whatever they feel is required in their quest to limit benefit fraud and do us all so much good. BT would only have access rights to maintain, repair or replace their own equipment and most modern properties have telcom wiring that is terminated externally. Access to internal equipment cannot be refused after a reasonable request at a reasonable hour. Or if anyone knows different? Neil Saint BTW My experience was some years ago and I would not be surprised if the applying law is now much more draconian (for the benefit of us all???). Cybershooters website: http://www.cybershooters.org List admin: [EMAIL PROTECTED] ___ T O P I C A http://www.topica.com/t/17 Newsletters, Tips and Discussions on Your Favorite Topics
CS: Pol-statutory right of entry
From: "IG", [EMAIL PROTECTED] The Police and everyone else generally need warrants to enter your house. There are exceptions though: In order to save life or prevent a breach of the peace, in immediate pursuit of an offender or suspected offender or person unlawfully at large, to prevent damage by flood or fire and probably a few more instances that I've forgotten about. The fire service can enter to prevent or minimise damage by fire or water. The others all need warrants issued by a court, where evidence is given on oath and in accordance with PACE where the law specifies it. The social services usually call the police when taking action under S29 MHA. Police may enter to prevent a breach of the peace, etc. The VAT men (Customs and Excise) have always had awesome powers. Who would cheat the Queens revenue men? I wish the police had their powers. IG (only kidding) Cybershooters website: http://www.cybershooters.org List admin: [EMAIL PROTECTED] ___ T O P I C A http://www.topica.com/t/17 Newsletters, Tips and Discussions on Your Favorite Topics
CS: Pol-statutory right of entry
From: nick royall, [EMAIL PROTECTED] I think people are misunderstanding what a statutory right of entry is, it is an "instrument" that allows entry to your premises for certain good reasons not a carte blanche (apart from the customs man whose remit is a bit looser than everyone else's)to come in and do what they want. What it reaaly means is you cannot refuse them access under these circumstances. The man from the TV licensing has no right so if you own a telly and you are not paying for it dont let them in to have a look. The HSE's instrument excludes private dwellings but they have a freer hand on other premises. The queen owns the land your house is on (unless you have bought the lien or live in certain parts of Scotland) and so all these crown servants look after her interests. That is why your house can be compusorily purchased if the crown thinks they need it more than you do. Nick Cybershooters website: http://www.cybershooters.org List admin: [EMAIL PROTECTED] ___ T O P I C A http://www.topica.com/t/17 Newsletters, Tips and Discussions on Your Favorite Topics
CS: Pol-statutory right of entry
From: nick royall, [EMAIL PROTECTED] This is not a definitive list but here are the ones I know for sure who have a statutory right of entry. police customs and Excise VAT man (as above?) electricy board gas board water board Fire authority the queen BT others I'm not sure about would be Court or town bailiffs Environmental Health dept social services (mental health act) Nick Why me? -- The police do not have a right of entry, they have to have a warrant (except under some very limited circumstances). Steve. Cybershooters website: http://www.cybershooters.org List admin: [EMAIL PROTECTED] ___ T O P I C A http://www.topica.com/t/17 Newsletters, Tips and Discussions on Your Favorite Topics
CS: Pol-statutory right of entry
From: "John Hurst", [EMAIL PROTECTED] The police do not have a right of entry, they have to have a warrant (except under some very limited circumstances). Steve, I like the following quote about this; "I now deal with a species of law known as the common law. Common law is law that comes from the common people, vers, legislation, which, comes from the "experts." It took a long time to learn the true nature and office of governments; to discover and secure the principles commonly indicated by such terms as 'Magna Carta,' the 'Bill of Rights,' 'Habeas Corpus,' and the 'Right of trial by jury;' to found the family home, with its laws of social order, regulating the rights and duties of each member of it, so that the music at the domestic hearth might flow on without discord; the household gods so securely planted that 'Though the wind and the rain might enter, the king could not'. It took a long time to learn that war was a foolish and cruel method of settling international differences as compared with arbitration; to learn that piracy was less profitable than a liberal commerce; that unpaid labour was not as good as well-requited toil; that a splenetic old woman, falling into trances and shrieking prophecies, was a fit subject for the asylum rather than to be burned as a witch. It took a long, long time after the art of printing had been perfected before we learned the priceless value, the sovereign dignity and usefulness of a free press. But these lessons have been taught and learned; taught for the most part by the prophets of our race, men living in advance of their age, and understood only by the succeeding generations. But you have the inheritance".
CS: Pol-statutory right of entry
From: [EMAIL PROTECTED] This is not a definitive list but here are the ones I know for sure who have a statutory right of entry. police customs and Excise VAT man (as above?) electricy board gas board water board Fire authority the queen BT The thing is that all of the above may have a right of entry but surely only if they have reason, eg gas or electric emergency's. I'm not sure that BT would have a right of entry as I can't think why they would need it. In the absence of an actual emergency, wouldn't all of these people also need a warrant to get in? Possibly the Queen may have an absolute right of entry? You can't just enter a property to check that someone isn't breaking the Law so I don't think the TV licensing people would be able to get in to check if you were watching the telly. Jonathan Laws Cybershooters website: http://www.cybershooters.org List admin: [EMAIL PROTECTED] ___ T O P I C A http://www.topica.com/t/17 Newsletters, Tips and Discussions on Your Favorite Topics
CS: Pol-statutory right of entry
From: [EMAIL PROTECTED] I know I posed this question but don't I remember that HSE inspectors also have a right of entry under certain conditions. I also remember being told that some police officers are registered as HSE inspectors just to facilitate this but this could be total moonshine. Perhaps some of our police contributors could comment. Kenneth Pantling Cybershooters website: http://www.cybershooters.org List admin: [EMAIL PROTECTED] ___ T O P I C A http://www.topica.com/t/17 Newsletters, Tips and Discussions on Your Favorite Topics
