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The Iraq (United Nations) (Sequestration of Assets) (Guernsey) Order 1993

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2.—(1) If the Bailiff (in relation to the Bailiwick), the Chairman of the Court of Alderney (in relation to the island of Alderney) or the Seneschal (in relation to the Island of Sark) is satisfied by information on oath given by any officer of police or person authorised by the Attorney General to act for the purposes of this paragraph either generally or in a particular case—

(a)that there is reasonable ground for suspecting that an offence under this Order has been or is being committed and that evidence of the commission of the offence is to be found on any premises specified in the information, or in any vehicle, vessel or aircraft so specified; or

(b)that any documents which ought to have been produced under paragraph 1 of this Schedule and have not been produced are to be found on any such premises or in any such vehicle, vessel or aircraft,

he may grant a search warrant authorising any officer of police together with any other persons named in the warrant and any other officers of police, to enter the premises specified in the information or, as the case may be, any premises upon which the vehicle, vessel or aircraft so specified may be, at any time within one month from the date of the warrant and to search the premises or, as the case may be, the vehicle, vessel or aircraft.

(2) A person authorised by any such warrant as aforesaid to search any premises or any vehicle, vessel or aircraft may search every person who is found in, or whom he has reasonable ground to believe to have recently left or to be about to enter, those premises or that vehicle, vessel or aircraft, and may seize any document or article found on the premises or in the vehicle, vessel or aircraft or on such person which he has reasonable ground to believe to be evidence of the commission of any such offence as aforesaid or any documents which he has reasonable ground to believe ought to have been produced under paragraph 1 of this Schedule, and may take copies of or extracts made from any such documents and may take in relation to any such document or article any other steps which may appear necessary for preserving it and preventing interference with it:

  • Provided that no person shall in pursuance of any warrant issued under this paragraph be searched except by a person of the same sex.

(3) Where, by virtue of this paragraph, a person is empowered to enter any premises, vehicle, vessel or aircraft he may use such force as is reasonably necessary for that purpose.

(4) Any documents or articles of which possession is taken under this paragraph may be retained for a period of three months or, if within that period there are commenced any proceedings for such an offence as aforesaid to which they are relevant, until the conclusion of those proceedings.

(5) In this paragraph, references to an officer of police shall be construed as references to a member of the salaried police force of the Island of Guernsey, and—

(a)in relation to the Islands of Guernsey, Herm and Jethou, within the limits of his jurisdiction, as a reference to a member of the special constabulary of the Island of Guernsey;

(b)in relation to the Island of Alderney, as a reference to a member of any police force which may be established by the States of Alderney; and

(c)in relation to the Island of Sark, as a reference to the Constable and the Vingtenier.

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