Justice and Security (Northern Ireland) Act 2007
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Change 1
26 Premises: vehicles, &c.
(1) A power under section 24 or 25 to search premises shall, in its application to vehicles (by virtue of section 42), be taken to include— (a) power to stop a vehicle (other than an aircraft which is airborne), and (b) power to take a vehicle or cause it to be taken, where necessary or expedient, to any place for the purpose of carrying out the search. (2) A person commits an offence if he fails to stop a vehicle when required to do so by virtue of this section. (3) A person guilty of an offence under subsection (2) shall be liable on summary conviction to— (a) imprisonment for a term not exceeding six months, (b) a fine not exceeding level 5 on the standard scale, or (c) both. (4) In the application to a place or vehicle of a power to search premises under section 24 or 25— (a) a reference to the address of the premises shall be construed as a reference to the location of the place or vehicle together with its registration number (if any), and (b) a reference to the occupier of the premises shall be construed as a reference to the occupier of the place or the person in charge of the vehicle. (5) Where a search under Schedule 3 is carried out in relation to a vehicle, the person carrying out the search may, if he reasonably believes that it is necessary in order to carry out the search or to prevent it from being frustrated— (a) require a person in or on the vehicle to remain with it; (b) require a person in or on the vehicle to go to and remain at any place to which the vehicle is taken by virtue of subsection (1)(b); (c) use reasonable force to secure compliance with a requirement under paragraph (a) or (b) above. (6) Paragraphs 3(2) and (3), 6 and 7 of Schedule 3 shall apply to a requirement imposed under subsection (5) as they apply to a requirement imposed under that Schedule. (7) Paragraph 6 of Schedule 3 shall apply in relation to the search of a vehicle which is not habitually stationary only if it is moved for the purpose of the search by virtue of subsection (1)(b); and where that paragraph does apply, the reference to the address of the premises shall be construed as a reference to the location where the vehicle is searched together with its registration number (if any).
26 Premises: vehicles, &c.
(1) A power under section 24 or 25 to search premises shall, in its application to vehicles (by virtue of section 42), be taken to include— (a) power to stop a vehicle (other than an aircraft which is airborne), and (b) power to take a vehicle or cause it to be taken, where necessary or expedient, to any place for the purpose of carrying out the search. (2) A person commits an offence if he fails to stop a vehicle when required to do so by virtue of this section. (3) A person guilty of an offence under subsection (2) shall be liable on summary conviction to— (a) imprisonment for a term not exceeding six months, (b) a fine not exceeding level 5 on the standard scale, or (c) both. (4) In the application to a place or vehicle of a power to search premises under section 24 or 25— (a) a reference to the address of the premises shall be construed as a reference to the location of the place or vehicle together with its registration number (if any), and (b) a reference to the occupier of the premises shall be construed as a reference to the occupier of the place or the person in charge of the vehicle. (5) Where a search under Schedule 3 is carried out in relation to a vehicle, the person carrying out the search may, if he reasonably believes that it is necessary in order to carry out the search or to prevent it from being frustrated— (a) require a person in or on the vehicle to remain with it; (b) require a person in or on the vehicle to go to and remain at any place to which the vehicle is taken by virtue of subsection (1)(b); (c) use reasonable force to secure compliance with a requirement under paragraph (a) or (b) above. (6) Paragraphs 3(2) and (3), 6 and 7 of Schedule 3 shall apply to a requirement imposed under subsection (5) as they apply to a requirement imposed under that Schedule. (7) Paragraph 6 of Schedule 3 shall apply in relation to the search of a vehicle which is not habitually stationary only if it is moved for the purpose of the search by virtue of subsection (1)(b); and where that paragraph does apply, the reference to the address of the premises shall be construed as a reference to the location where the vehicle is searched together with its registration number (if any).
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