28J Search warrants: safeguards.

1

The entry or search of premises under a warrant is unlawful unless it complies with this section and section 28K.

2

If an immigration officer applies for a warrant, he must—

a

state the ground on which he makes the application and the provision of this Act under which the warrant would be issued;

b

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

c

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

3

In Northern Ireland, an application for a warrant is to be supported by a complaint in writing and substantiated on oath.

4

Otherwise, an application for a warrant is to be made ex parte and supported by an information in writing or, in Scotland, evidence on oath.

5

The officer must answer on oath any question that the justice of the peace or sheriff hearing the application asks him.

6

A warrant shall authorise an entry on one occasion only.

7

A warrant must specify—

a

the name of the person applying for it;

b

the date on which it is issued;

c

the premises to be searched; and

d

the provision of this Act under which it is issued.

8

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

9

Two copies of a warrant must be made.

10

The copies must be clearly certified as copies.

11

“Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) of Schedule 2.