C6C7C8Part II Powers of Entry, Search and Seizure

Annotations:
Modifications etc. (not altering text)
C6

Pt. II (ss. 8-23) extended (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 7(1); S.I. 1991/1072, art. 2 Sch. Pt. I

Pt. II (ss. 8-23) applied (with modifications) (17.5.1996) by S.I. 1996/1296, art. 16(1)

Pt. II (ss. 8-23) amended (17.5.1996) by S.I. 1996/1296, art. 16(7)(b)

Pt. II (ss. 8-23) applied (with modifications) (15.3.1996) by S.I. 1996/716, art. 16(1)

Pt. II (ss. 8-23) modified (1.9.2001) by 2001 c. 17, s. 33; S.I. 2001/2161, art. 2 (subject to art. 3)

Pt. II (ss. 8-23): Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para 1; S.I. 2003/708, art. 2(a)(j)

Search warrants

C2C9C3C415 Search warrants—safeguards. C1

1

This section and section 16 below have effect in relation to the issue to constables under any enactment, including an enactment contained in an Act passed after this Act, of warrants to enter and search premises; and an entry on or search of premises under a warrant is unlawful unless it complies with this section and section 16 below.

2

Where a constable applies for any such warrant, it shall be his duty—

a

to state—

i

the ground on which he makes the application; and

ii

the enactment under which the warrant would be issued;

b

to specify the premises which it is desired to enter and search; and

c

to identify, so far as is practicable, the articles or persons to be sought.

3

An application for such a warrant shall be made ex parte and supported by an information in writing.

4

The constable shall answer on oath any question that the justice of the peace or judge hearing the application asks him.

C55

A warrant shall authorise an entry on one occasion only.

C56

A warrant—

a

shall specify—

i

the name of the person who applies for it;

ii

the date on which it is issued;

iii

the enactment under which it is issued; and

iv

the premises to be searched; and

b

shall identify, so far as is practicable, the articles or persons to be sought.

C57

Two copies shall be made of a warrant.

C58

The copies shall be clearly certified as copies.