Serious Crime Act 2015 Explanatory Notes

Schedule 2: Execution of search and seizure warrants

230.This Schedule makes further provision for the execution of warrants and is based on analogous provisions in section 16 of PACE.

231.Paragraph 1 enables persons to accompany a police or customs officer when executing a warrant. Such a person, for example, a Police Community Support Officer, has the same powers as those the warrant confers on a police or customs officer.

232.Where premises are entered and searched in pursuance of a warrant and such premises are not specified in the warrant, entry must be authorised by a senior officer (paragraph 3). Where a warrant authorises multiple entries into a set of premises, any second or subsequent entry must be similarly authorised (paragraph 4). A senior officer is defined in paragraph 12(1).

233.Paragraph 8 confers a power to inspect and test substances found on the premises. The ability to test such a substance, for example to determine whether it is benzocaine, lidocaine or phenacetin, will help avoid unnecessary seizures.

234.Paragraph 9 requires premises to be made secure on completion of the search. This obligation will be particularly relevant where a police or customs officer has had to force entry onto the premises.

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