Section 9: Protection for privacy of home and other property
consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
9. Protection for privacy of home and other property
(1) Except with his own consent, no person shall be subjected to the
search of his person or his property or the entry by others on his premises.
(2) Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the extent
that the law in question makes provision—
(a) in the interests of defence, public safety, public order, public
morality, public health, town and country planning, the development or utilisation of mineral resources or the development or
utilisation of any other property in such a manner as to promote
the public benefit;
(b) for the purpose of protecting the rights or freedoms of other
persons;
(c) to enable an officer or agent of the Government or a local authority, or a body corporate established by law for a public purpose, to enter on the premises of any person in order to value
those premises for the purpose of any tax, rate or due, or in order to carry out work connected with any property that is lawfully on those premises and that belongs to the Government, the
local authority or that body corporate, as the case may be; or
CON – 11 [Issue 8]
The Constitution
(d) to authorise, for the purpose of enforcing the judgment or order
of a Court in any civil proceedings, the search of any person or
property by order of a Court or the entry upon any premises by
such order,
except so far as that provision or, as the case may be, the thing done under
its authority is shown not to be reasonably justifiable in a democratic
society.
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Questions this section answers
- Can my home or property be searched without my consent?
- Can an official enter my property to value it for tax purposes without my consent?