3(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—E+W+N.I.
(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.
Commencement Information
I1Sch. 5 para. 3 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(j)
I2Sch. 5 para. 3 in force at 1.3.2006 for specified purposes by S.I. 2006/404, art. 2(3)(4), Sch. (with arts. 4-6)
I3Sch. 5 para. 3 in force at 7.4.2006 for specified purposes by S.I. 2006/404, art. 3(3), Sch. (with arts. 4-6)
I4Sch. 5 para. 3 in force at 1.9.2006 in so far as not already in force by S.I. 2006/1997, art. 3(2) (with arts. 4, 7, 8)