C1C6C7C10 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

C2C3C15C8C9C12C148 Power of justice of the peace to authorise entry and search of premises.

C11C131

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

a

that F2an indictable offence has been committed; and

b

that there is material on premises F3mentioned in subsection (1A) below 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 F4in relation to each set of premises specified in the application .

C11C13F51A

The premises referred to in subsection (1)(b) above are—

a

one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or

b

any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

C11C131B

If the application is for an all premises warrant, the justice of the peace must also be satisfied—

a

that because of the particulars of the offence referred to in paragraph (a) of subsection (1) above, there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in paragraph (b) of that subsection; and

b

that it is not reasonably practicable to specify in the application all the premises which he occupies or controls and which might need to be searched.

C11C13F61C

The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which he issues the warrant.

C11C131D

If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.

C4C5C11C132

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

C11C133

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.

C11C134

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

C11C135

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

C11F16

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 F2an indictable offence.

F77

Section 4 of the Summary Jurisdiction (Process) Act 1881 (execution of process of English courts in Scotland) shall apply to a warrant issued on the application of an officer of Revenue and Customs under this section by virtue of section 114 below.