- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, the constable may without warrant—
(a)stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;
(b)search or examine any thing which that person may then be using or have in his possession if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that thing;
(c)arrest that person if he fails to give his name and address to the constable's satisfaction;
(d)seize and detain for the purposes of proceedings under this Part any thing which may be evidence of the commission of the offence or may be liable to be forfeited under section 21.
(2)If a constable suspects with reasonable cause that any person is committing an offence under this Part, he may, for the purpose of exercising the powers conferred by subsection (1), enter any land other than a dwelling-house.
(3)If a justice of the peace is satisfied by information on oath that there are reasonable grounds for suspecting that—
(a)an offence under section 1, 3, 5, 7 or 8 in respect of which this Part or any order made under it provides for a special penalty ; or
(b)an offence under section 6, 9, 11(1) or (2), 13 or 14,
has been committed and that evidence of the offence may be found on any premises, he may grant a warrant to any constable (with or without other persons) to enter upon and search those premises for the purpose of obtaining that evidence.
In the application of this subsection to Scotland, the reference to a justice of the peace includes a reference to the sheriff.
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