The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) Order 2012

Powers of search and entry to obtain evidence or information

2.—(1) A justice of the peace may grant a search warrant if satisfied by information on oath that—

(a) there are reasonable grounds for suspecting that—

(i) an offence under this Order has been or is being committed, or

(ii) information or a document requested by an authorised officer under paragraph 1 has not been provided or produced; and

(b) evidence of the commission of the offence, or the information or document so requested, is to be found on a ship, aircraft, vehicle or premises specified in the information.

(2) A search warrant issued under this paragraph is a warrant empowering an authorised officer to enter and search the ship, aircraft, vehicle or premises specified in the information, at any time within one month from the date of the warrant.

(3) An authorised officer who enters and searches a ship, aircraft, vehicle or premises under a warrant issued under this paragraph may—

(a) take such other persons and such equipment on to the ship, aircraft, vehicle or premises as appear to the officer to be necessary;

(b) inspect and seize anything found in the course of a search if the officer reasonably suspects that—

(i) it is evidence in relation to an offence under this Order,

(ii) it is information or a document requested (but not provided or produced) under paragraph 1, or

(iii) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed;

(c) take copies of any document;

(d) require information which is stored in an electronic form and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible (or from which it can readily be produced in a visible and legible form).

(4) An authorised officer may, if necessary, use reasonable force in the exercise of the powers conferred by this paragraph.

(5) Anything seized under sub-paragraph (3) may be retained for so long as is necessary in all the circumstances.

(6) An authorised officer who enters a ship, aircraft, vehicle or premises under a warrant issued under this paragraph, or by virtue of sub-paragraph (3)(a), may—

(a) search any person found on the ship, aircraft, vehicle or premises whom the officer has reasonable cause to believe to be in possession of anything which may be required as evidence for the purposes of proceedings in respect of an offence under this Order, and

(b) seize anything found in such a search.

(7) A search of a person under sub-paragraph (6) must be carried out by a person of the same sex.

(8) The powers in this paragraph are without prejudice to the powers in paragraph 3 of Schedule 2.