SCHEDULES

SCHEDULE 5Powers of inspection, entry, search and seizure

Entry and search in connection with suspected offence

I1I2I3I43

1

If a justice of the peace is satisfied on sworn information or, in Northern Ireland, on a complaint on oath that there are reasonable grounds for believing—

a

that an offence under Part 1 or 2 is being, or has been, committed on any premises, and

b

that any of the conditions in sub-paragraph (2) is met in relation to the premises,

he may by signed warrant authorise a duly authorised person to enter the premises, if need be by force, and search them.

2

The conditions referred to are—

a

that entry to the premises has been, or is likely to be, refused and notice of the intention to apply for a warrant under this paragraph has been given to the occupier;

b

that the premises are unoccupied;

c

that the occupier is temporarily absent;

d

that an application for admission to the premises or the giving of notice of the intention to apply for a warrant under this paragraph would defeat the object of entry.

3

A warrant under this paragraph shall continue in force until the end of the period of 31 days beginning with the day on which it is issued.