Ivory Act 2018

Part 3 E+W+N.I. Execution of search warrants

Warrant to be executed within one month E+W+N.I.

7 E+W+N.I. Entry and search under a search warrant must be within the period of one month starting with the date of its issue.

Commencement Information

I1 Sch. 2 para. 7 in force at 6.6.2022 by S.I. 2022/288, reg. 4(e) (with reg. 5)

All-premises warrants E+W+N.I.

8 (1) In the case of an all-premises warrant, premises that are not specified in the warrant may be entered and searched only if a senior officer has authorised them to be entered. E+W+N.I.

(2) An authorisation under sub-paragraph (1) must be in writing.

Commencement Information

I2 Sch. 2 para. 8 in force at 6.6.2022 by S.I. 2022/288, reg. 4(e) (with reg. 5)

Search of premises more than once E+W+N.I.

9 (1) Premises may be entered or searched for the second or a subsequent time under a search warrant authorising multiple entries only if a senior officer has authorised that entry to the premises. E+W+N.I.

(2) An authorisation under sub-paragraph (1) must be in writing.

Commencement Information

I3 Sch. 2 para. 9 in force at 6.6.2022 by S.I. 2022/288, reg. 4(e) (with reg. 5)

Time of search E+W+N.I.

10 E+W+N.I. Entry and search under a search warrant must be at a reasonable hour unless it appears to the officer executing it that the purpose of a search may be frustrated or seriously prejudiced on an entry at a reasonable hour.

Commencement Information

I4 Sch. 2 para. 10 in force at 6.6.2022 by S.I. 2022/288, reg. 4(e) (with reg. 5)

Evidence of authority etc E+W+N.I.

11 (1) Where the occupier of premises to be entered and searched under a search warrant is present at the time when a police or customs officer seeks to execute the warrant, the following requirements must be satisfied— E+W+N.I.

(a) the occupier must be told the officer's name;

(b) if not a constable in uniform, the officer must produce to the occupier documentary evidence that the officer is a police or customs officer;

(c) the officer must produce the warrant to the occupier and supply the occupier with a copy of it.

(2) Where the occupier of premises to be entered and searched under a search warrant is not present at the time when a police or customs officer seeks to execute the warrant—

(a) if some other person who appears to the officer to be in charge of the premises is present, sub-paragraph (1) has effect as if a reference to the occupier were a reference to that other person;

(b) if not, the officer must leave a copy of the warrant in a prominent place on the premises.

Commencement Information

I5 Sch. 2 para. 11 in force at 6.6.2022 by S.I. 2022/288, reg. 4(e) (with reg. 5)

Extent of search E+W+N.I.

12 E+W+N.I. A search under a search warrant may only be a search to the extent required for the purpose for which the warrant was issued.

Commencement Information

I6 Sch. 2 para. 12 in force at 6.6.2022 by S.I. 2022/288, reg. 4(e) (with reg. 5)

Securing premises after entry E+W+N.I.

13 E+W+N.I. A police or customs officer who enters premises under a search warrant must take reasonable steps to ensure that when the officer leaves the premises they are as secure as they were before the officer entered.

Commencement Information

I7 Sch. 2 para. 13 in force at 6.6.2022 by S.I. 2022/288, reg. 4(e) (with reg. 5)

Return and retention of warrant E+W+N.I.

14 (1) A search warrant must be returned to the appropriate person (see sub-paragraph (2))— E+W+N.I.

(a) when the warrant has been executed, or

(b) on or before the expiry of the period of one month starting with the date of its issue, if the warrant is—

(i) a specific-premises warrant that has not been executed,

(ii) an all-premises warrant, or

(iii) a warrant authorising multiple entries.

(2) The appropriate person is—

(a) in the case of a warrant issued in England and Wales, the designated officer for the local justice area in which the justice of the peace was acting when issuing the warrant;

(b) in the case of a warrant issued in Northern Ireland, the clerk of petty sessions.

(3) The appropriate person must retain a search warrant returned under sub-paragraph (1) until the end of the period of 12 months starting with the date of its return.

(4) If during that period the occupier of premises to which the search warrant relates asks to inspect it, the occupier must be allowed to do so.

Commencement Information

I8 Sch. 2 para. 14 in force at 6.6.2022 by S.I. 2022/288, reg. 4(e) (with reg. 5)