C2C3Part III Criminal Proceedings
Pt. III extended (Isle of Man) (with modifications) (13.3.2008 for certain purposes and 1.5.2008 otherwise) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 6(2)(b), 7, Sch. 3, Sch. 10 Pt. 1 (with Sch. 2 para. 2) (as amended (14.3.2019) by S.I. 2019/562, arts. 1, 5, 11)
F1C128J Search warrants: safeguards.
1
The entry or search of premises under a warrant is unlawful unless it complies with this section and section 28K.
2
If an immigration officer applies for a warrant, he must—
a
state the ground on which he makes the application and the provision of this Act under which the warrant would be issued;
b
specify the premises which it is desired to enter and search; and
c
identify, so far as is practicable, the persons or articles to be sought.
3
In Northern Ireland, an application for a warrant is to be supported by a complaint in writing and substantiated on oath.
4
Otherwise, an application for a warrant is to be made ex parte and supported by an information in writing or, in Scotland, evidence on oath.
5
The officer must answer on oath any question that the justice of the peace or sheriff hearing the application asks him.
6
A warrant shall authorise an entry on one occasion only.
7
A warrant must specify—
a
the name of the person applying for it;
b
the date on which it is issued;
c
the premises to be searched; and
d
the provision of this Act under which it is issued.
8
A warrant must identify, so far as is practicable, the persons or articles to be sought.
9
Two copies of a warrant must be made.
10
The copies must be clearly certified as copies.
11
“Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) of Schedule 2.
Pt. III extended (with modfications) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. I (Guernsey), S.I. 1993/1797, art. 3(1), Sch. 1 Pt. I (Jersey) (as amended by S.I. 2003/1252, art. 3(b) and (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))