POWERS TO ENTER WITHOUT WARRANT (Hansard, 4 May 1983)

§ Mr. Mayhew

I beg to move amendment No. 39, in page 7, line 31, after 'objects),' insert '4 (Prohibition of offensive weapon at public meetings and processions)'. This amendment would empower the police to enter premises without a warrant to effect an arrest for the offence under section 4 of the Public Order Act 1936 of carrying an offensive weapon at a public meeting. As drafted, the Bill already provides this power in relation to 365 offences under sections 1 and 5 of the 1936 Act relating respectively to political uniforms and offensive conduct. The three offences are of comparable gravity and it is appropriate that they should carry the same enforcement powers. In Committee, the Bill was amended so as to preserve intact the present power of arrest without warrant for offences under section 4 of the 1936 Act, and this amendment simply carries that through. It would plainly be wrong if the police had power to arrest someone for carrying an offensive weapon at a public meeting but could not enter the meeting to make the arrest and so prevent injury.

§ Mr. Mellor

I beg to move amendment 40, in page 8, leave out lines 3 and 4 and insert 'section—

(a) is only exercisable if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises; and
(b) is limited, in relation to premises consisting of two or more separate dwellings, to a power to enter and search—

(i) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling; and
(ii) any such dwelling in which the constable has reasonable grounds for believing that the person whom he is seeking may be.'.

This amendment deals with the powers to enter and search premises in multiple occupation. Pursuant to an undertaking given by my hon. and learned Friend in Committee, this brings the provisions in clause 8 into line with those in clause 23(2) and restricts the rights of entry to homes in multiple occupation, which I hope meets with the approval of the House.