The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007

Execution of warrants N.I.

10.—(1) Article 18 of PACE (execution of warrants) is amended as follows.

(2) After paragraph (2) insert—

“(2A) A person so authorised has the same powers as the constable whom he accompanies in respect of—

(a) the execution of the warrant; and

(b) the seizure of anything to which the warrant relates.

(2B) But he may exercise those powers only in the company of, and under the supervision of, a constable.”.

(3) In paragraph (3) for “one month” substitute “ 3 months ”,

(4) After paragraph (3) insert—

“(3A) If the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless a police officer of at least the rank of inspector has in writing authorised them to be entered.

(3B) No premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless a police officer of at least the rank of inspector has in writing authorised that entry to those premises.”.

(5) In paragraph (9), after sub-paragraph (b) add “ and, unless the warrant is a warrant specifying one set of premises only, he shall do so separately in respect of each set of premises entered and searched, which he shall in each case state in the endorsement. ”.

(6) For paragraph (10) substitute—

“(10) A warrant shall be returned to the appropriate person mentioned in paragraph (10A)—

(a) when it has been executed; or

(b) in the case of a specific premises warrant which has not been executed, or an all premises warrant, or any warrant authorising multiple entries, upon the expiry of the period of 3 months referred to in paragraph (3) or sooner.

(10A) The appropriate person is—

(a) if the warrant was issued by a lay magistrate, the clerk of petty sessions for the petty sessions district in which the magistrate was acting when he issued the warrant;

(b) if it was issued by a judge, the appropriate officer of the court from which he issued it.”.

(7) In paragraph (12), for “the premises” substitute “ premises ”.