C5C6C7Part II Powers of Entry, Search and Seizure

Annotations:
Modifications etc. (not altering text)
C5

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

C28 Power of justice of the peace to authorise entry and search of premises. C1

1

If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing—

a

that a serious arrestable offence has been committed; and

b

that there is material on premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and

c

that the material is likely to be relevant evidence; and

d

that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and

e

that any of the conditions specified in subsection (3) below applies,

he may issue a warrant authorising a constable to enter and search the premises.

C3C42

A constable may seize and retain anything for which a search has been authorised under subsection (1) above.

3

The conditions mentioned in subsection (1)(e) above are—

a

that it is not practicable to communicate with any person entitled to grant entry to the premises;

b

that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;

c

that entry to the premises will not be granted unless a warrant is produced;

d

that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

4

In this Act “relevant evidence”, in relation to an offence, means anything that would be admissible in evidence at a trial for the offence.

5

The power to issue a warrant conferred by this section is in addition to any such power otherwise conferred.

F16

This section applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to a serious arrestable offence.