C1C7C8C12 Part II Powers of Entry, Search and Seizure

Annotations:
Modifications etc. (not altering text)
C1

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

C2C3C4C5C6C9C10C11C20C16C28C17C22C15C14C21C2616 Execution of warrants.

1

A warrant to enter and search premises may be executed by any constable.

2

Such a warrant may authorise persons to accompany any constable who is executing it.

F12A

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, and under the supervision, of a constable.

C18C13C24C19C25C23C273

Entry and search under a warrant must be within F5three months from the date of its issue.

C18C13C24C19C25C23C27F33A

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.

C18C13C24C19C25C23C27F43B

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.

C18C13C24C19C25C23C274

Entry and search under a warrant must be at a reasonable hour unless it appears to the constable executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.

C18C13C24C19C25C23C275

Where the occupier of premises which are to be entered and searched is present at the time when a constable seeks to execute a warrant to enter and search them, the constable—

a

shall identify himself to the occupier and, if not in uniform, shall produce to him documentary evidence that he is a constable;

b

shall produce the warrant to him; and

c

shall supply him with a copy of it.

C18C13C24C19C25C23C276

Where—

a

the occupier of such premises is not present at the time when a constable seeks to execute such a warrant; but

b

some other person who appears to the constable to be in charge of the premises is present,

subsection (5) above shall have effect as if any reference to the occupier were a reference to that other person.

C18C13C24C19C25C23C277

If there is no person who appears to the constable to be in charge of the premises, he shall leave a copy of the warrant in a prominent place on the premises.

C18C13C24C19C25C23C278

A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.

C18C13C24C19C25C23C279

A constable executing a warrant shall make an endorsement on it stating—

a

whether the articles or persons sought were found; and

b

whether any articles were seized, other than articles which were sought

F7and, unless the warrant is a F9. . . 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.

C18C13C24C19C25C23C27F610

A warrant shall be returned to the appropriate person mentioned in subsection (10A) below—

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 three months referred to in subsection (3) above or sooner.

C18C13C24C19C25C23C2710A

The appropriate person is—

a

if the warrant was issued by a justice of the peace, the designated officer for the local justice area in which the justice 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.

C18C13C24C19C25C23C2711

A warrant which is returned under subsection (10) above shall be retained for 12 months from its return—

a

by the F2designated officer for the local justice area , if it was returned under paragraph (i) of that subsection; and

b

by the appropriate officer, if it was returned under paragraph (ii).

C18C13C24C19C25C23C2712

If during the period for which a warrant is to be retained the occupier of F8premises to which it relates asks to inspect it, he shall be allowed to do so.