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Sexual Offences Act 2003, Section 96A is up to date with all changes known to be in force on or before 12 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A sheriff may, if satisfied on the application of a senior police officer F2... as to the matters mentioned in subsection (2), grant a warrant authorising any constable of the [F3Police Service of Scotland] to enter premises in the sheriffdom (if necessary using reasonable force) and to examine and search them, and the things in them, for the purpose mentioned in subsection (3).
(2)Those matters are—
(a)that the premises are either—
(i)premises whose address has been notified by a relevant offender as his home address in his most recent notification of a home address under this Part; or
(ii)premises whose address has been notified by a relevant offender as the address of any other premises at which he regularly resides or stays, in his most recent notification under section 83(1) or 85(1) or in any notification under section 84(1) given by him since that notification;
(b)that the offender is not one to whom subsection (4) applies;
(c)that it would assist the carrying out of the purpose mentioned in subsection (3), for a constable of the relevant force to examine and search the premises and the things in them; and
(d)that on more than one occasion, a constable of the [F4Police Service of Scotland] has attempted to examine and search the premises and the things in them for the purpose mentioned in subsection (3) and has been unable (whether by not being able to search and examine the premises and the things in them, or by not being able to obtain entry to the premises) to do so.
(3)That purpose is assessing the risk of the offender committing a sexual offence.
(4)This subsection applies to the relevant offender if he is—
(a)remanded in or committed to custody by an order of a court;
(b)serving a sentence of imprisonment or a term of service detention;
(c)detained in a hospital; or
(d)outside the United Kingdom.
(5)A sheriff is to determine an application for a warrant under subsection (1) without hearing from the relevant offender or any other person who has an interest in the premises.
(6)A warrant under subsection (1) does not confer power to seize anything in the premises to which it relates.
(7)A warrant under subsection (1) must be executed at a reasonable hour.
(8)A warrant under subsection (1) continues in force until the expiry of the period of one month beginning with the date of the warrant's grant.
(9)A warrant under subsection (1) authorises entry on one occasion only.
(10)This section does not prejudice any other power of entry, examination, search or seizure.
(11)In this section—
F5...
“senior police officer” means a constable [F6of the Police Service of Scotland] of the rank of superintendent or above; and
“sexual offence” means—
an offence within any of paragraphs 36 to 59C of Schedule 3; or
any other offence in circumstances in which it would be likely that a determination such as is mentioned in paragraph 60 of that Schedule would be made in relation to the offence.]
Textual Amendments
F1S. 96A inserted (S.) (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 80, 104; S.S.I. 2006/432, art. 2(d)
F2Words in s. 96A(1) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(7)(a)(i)
F3Words in s. 96A(1) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(7)(a)(ii)
F4Words in s. 96A(2)(d) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(7)(b)
F5S. 96A(11) definition of “the relevant force” omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(7)(c)(i)
F6Words in s. 96A(11) definition of “senior police officer” inserted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 20(7)(c)(ii)
Modifications etc. (not altering text)
C1S. 96A(2)(d) modified (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Supplementary, Transitional, Transitory and Saving Provisions) Order2013 (S.S.I. 2013/121), arts. 1(1), 14
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