PART 4Seizure and forfeiture of drug-cutting agents
Warrants
I152Applications for search and seizure warrants
1
A justice of the peace may issue a warrant (a “search and seizure warrant”) authorising a police or customs officer—
a
to enter premises, and
b
to search them for substances that appear to be intended for use as drug-cutting agents,
if the justice is satisfied that there are reasonable grounds to suspect that a substance intended for such use is on the premises.
2
In this Part “police or customs officer” means—
a
a constable,
b
a National Crime Agency officer, or
c
a person designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009.
3
A search and seizure warrant may be either—
a
a warrant that relates to any premises occupied or controlled by a person specified in the warrant (an “all-premises warrant”), or
b
a warrant that relates only to premises specified in the warrant (a “specific-premises warrant”).
4
A search and seizure warrant may be issued only on the application of a police or customs officer.
5
The application may be made without notice being given to persons who might be affected by the warrant.
6
The application must be supported—
a
in England and Wales, by an information in writing;
b
in Scotland, by evidence on oath;
c
in Northern Ireland, by a complaint on oath.
7
The police or customs officer must answer on oath any question that the justice of the peace hearing the application asks him or her.
8
A police or customs officer applying for a search and seizure warrant must—
a
state that the application is made under this section;
b
specify the premises or (as the case may be) each set of premises that it is desired to enter and search;
c
state what are the grounds for suspecting that a substance intended for use as a drug-cutting agent is on the premises;
d
identify, so far as is possible, the substance or substances to be sought.
9
If the police or customs officer is applying for a search and seizure warrant authorising entry and search on more than one occasion, the officer must also state—
a
the ground on which the officer applies for such a warrant;
b
whether the officer seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired.
10
If the police or customs officer is applying for an all-premises warrant, the officer must also specify—
a
as many of the sets of premises that it is desired to enter and search as it is reasonably practicable to specify;
b
the person who is in occupation or control of those premises and any others that it is desired to enter and search;
c
why it is necessary to search more premises than those specified under paragraph (a);
d
why it is not reasonably practicable to specify all the premises that it is desired to enter and search.