3(1)A sheriff or justice of the peace may grant a warrant under this sub-paragraph if satisfied—
(a)that there are reasonable grounds for suspecting—
(i)that a relevant offence has been or is being committed at any premises, or
(ii)that evidence of the commission of, or participation in, a relevant offence is to be found at any premises, and
(b)that sub-paragraph (2) or (3) applies.
(2)This sub-paragraph applies if—
(a)admission to the premises has been refused or such a refusal may reasonably be expected, and
(b)either—
(i)notice of the intention to seek a warrant has been given to the occupier of the premises, or
(ii)the giving of such notice would frustrate the purpose for which the warrant is sought.
(3)This sub-paragraph applies if—
(a)the premises are unoccupied, or
(b)the occupier is temporarily absent.
Commencement Information
I1Sch. para. 3 not in force at Royal Assent, see s. 31(2)
I2Sch. para. 3 in force at 3.10.2023 by S.S.I. 2023/262, reg. 2