Prospective
Requirements where production order not availableS
48.—(1) This article is satisfied in relation to a search warrant if—
(a)paragraph (2) applies, and
(b)either the first or the second set of conditions is complied with.
(2) This paragraph applies if there are reasonable grounds for suspecting that the property specified in the application for the warrant is property obtained as a result of or in connection with criminal conduct.
(3) The first set of conditions is that there are reasonable grounds for believing that—
(a)any material on the premises specified in the application for the warrant is likely to be of substantial value (whether or not by itself) to the external investigation,
(b)it is in the public interest for the material to be obtained, having regard to the benefit likely to accrue to the external investigation if the material is obtained, and
(c)it would not be appropriate to make a production order for any one or more of the reasons in paragraph (4).
(4) The reasons are—
(a)that it is not practicable to communicate with any person against whom the production order could be made,
(b)that it is not practicable to communicate with any person who would be required to comply with an order to grant access to material or to grant entry to the premises,
(c)that the external investigation might be seriously prejudiced unless a proper person is able to secure immediate access to the material.
(5) The second set of conditions is that—
(a)there are reasonable grounds for believing that there is material on the premises specified in the application for the warrant and that the material falls within paragraph (6),
(b)there are reasonable grounds for believing that it is in the public interest for the material to be obtained, having regard to the benefit likely to accrue to the external investigation if the material is obtained, and
(c)any one or more of the requirements in paragraph (7) is met.
(6) Material falls within this paragraph if it cannot be identified at the time of the application but it—
(a)relates to the property specified in the application, the question whether it is property obtained as a result of or in connection with criminal conduct, the question as to who holds any such property, any question as to whether the person who appears to hold any such property holds other property which is property obtained as a result of or in connection with criminal conduct, or any question as to the extent or whereabouts of any property mentioned in this paragraph, and
(b)is likely to be of substantial value (whether or not by itself) to the external investigation.
(7) The requirements are—
(a)that it is not practicable to communicate with any person entitled to grant entry to the premises,
(b)that entry to the premises will not be granted unless a warrant is produced,
(c)that the external investigation might be seriously prejudiced unless a proper person arriving at the premises is able to secure immediate entry to them.
Commencement Information
I1Art. 48 in force at 11.11.2013, see art. 1(1)