Right of access?

  DANZIG 08:33 20 Jun 10

Up early on a Sunday morning and this question popped in my head for some reason.

At work there are several people who have a 'right of access' to the gaming establishment I work in. Theres a couple of obvious ones (police, fire brigade) and a few specific ones (gambling commission, environmental health etc).

These people are to be allowed access to anywhere they see fit, but there are other procedures to be followed if they want to take anything away.

Who, if anyone, has 'right of access' to your own house??

  Brumas 08:52 20 Jun 10

I was always led to believe that HM Customs had this right however I could be wrong!

  sunnystaines 08:53 20 Jun 10

police/firemen/ambulance if its to save life.

police/customs/gas/electric if they have a warrant from a court.

baliffs but only if they have been given previous access I think.

council rates people but not sure how.

if a resident has been arrested police can search too without any warrant.

  DANZIG 08:56 20 Jun 10

Paramedics actually DON'T have a right of access!

The reason why makes everyone I train on this kick themselves when they work out the reason...

Can you guess what it is????

  sunnystaines 08:58 20 Jun 10

more than I thought

click here

re baliffs

click here

  Forum Editor 08:59 20 Jun 10

without a warrant or your consent if they are looking for drugs or firearms, if a crime is being committed on the premises, or to arrest someone.

Fire fighters can also enter if they are fighting a fire, and may force an entry if necessary. They may also enter your home in order to fight a fire in your neighbour's house.

Gas supply companies can enter without a warrant or your consent if there is a gas leak, and you refuse to allow them to enter. They would normally be accompanied by Police in those circumstances.

Planning officers can enter without a warrant, but must give you 24 hours notice. They must not force an entry, but you commit a criminal offence if you refuse to allow them access.

In short, nobody ccan force an entry without a warrant, unless there is an emergency where life or property is at risk. Lots of people think that Bailiffs can forcer an entry, but they can't. They may enter via an unlocked door or window if they have a warrant. If you give bailiffs permission to enter the house they have a legal right to stay inside, even if you ask them to leave.

  DANZIG 09:12 20 Jun 10

Thanks for that!

  DANZIG 09:37 20 Jun 10

The difference is, the way I put it anyway, is that paramedics actually have to be CALLED, whereas the police and fire brigade can just turn up when they want.

Paramedics don't just turn up and ask 'anyone sick'??


  DANZIG 10:37 20 Jun 10

I would have thought the paramedics would have a duty of care and gain entry somehow.

I know I would if put in that situation.

Then again elf n safety would probably get in the way....

  WhiteTruckMan 10:40 20 Jun 10

(well done, that man!) C&E can enter without a warrant.

click here

For a more pessimistic viewpoint

click here


  bremner 10:59 20 Jun 10

"The Police may enter your home without a warrant or your consent if they are looking for drugs or firearms"

Absolutely not.

Situations in which the police can enter premises without a warrant include when they want to:

Deal with a breach of the peace or prevent it.
Enforce an arrest warrant.
Arrest a person in connection with certain offences.
Recapture someone who has escaped from custody.
Save life or prevent serious damage to property.

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