The Criminal Procedure Rules 2015

Application for warrant under another power to which sections 15 and 16 of the Police and Criminal Evidence Act 1984 apply

47.32.—(1) This rule applies where—

(a) an applicant wants a magistrates’ court to issue a warrant or warrants under a power to which sections 15 and 16 of the Police and Criminal Evidence Act 1984 apply; and

(b) neither rule 47.30 nor rule 47.31 applies.

(2) The applicant must—

(a) apply in writing;

(b) serve the application on—

(i) the court officer, or

(ii) if the court office is closed, the court;

(c) give the court an estimate of how long the court should allow—

(i) to read and prepare for the application, and

(ii) for the hearing of the application; and

(d) tell the court when the applicant expects any warrant issued to be executed.

(3) The application must—

(a) state the legislation which allows the court to issue the warrant (in this rule, described as ‘the main search power’; and see paragraph (4));

(b) so far as practicable, identify the articles or persons sought (and see paragraph (5));

(c) specify the premises to be searched (and see paragraphs (6) and (7));

(d) state whether the applicant wants the premises to be searched on more than one occasion (and see paragraph (8)); and

(e) state whether the applicant wants other persons to accompany the officers executing the warrant or warrants (and see paragraph (9)).

(4) The application must—

(a) include or attach the terms of the main search power; and

(b) explain how the circumstances satisfy any criteria prescribed by the main search power for making the application.

(5) In relation to the articles or persons sought, the application must explain how they satisfy any criteria prescribed by the main search power about such articles or persons.

(6) In relation to premises which the applicant wants to be searched and can specify, the application must—

(a) specify each set of premises; and

(b) in respect of each, explain how the circumstances satisfy any criteria prescribed by the main search power—

(i) for thinking that the articles or persons sought are on those premises, and

(ii) for asserting that the court can exercise its power to authorise the search of those premises.

(7) In relation to premises which the applicant wants to be searched but at least some of which the applicant cannot specify, the application must—

(a) explain how the main search power allows the court to authorise such searching;

(b) specify the person who occupies or controls such premises;

(c) specify as many sets of such premises as is reasonably practicable;

(d) explain why—

(i) it is necessary to search more premises than those specified, and

(ii) it is not reasonably practicable to specify all the premises which the applicant wants to be searched;

(e) in respect of each set of premises, whether specified or not, explain how the circumstances satisfy any criteria prescribed by the main search power for thinking that the articles or persons sought are on those premises; and

(f) in respect of each specified set of premises, explain how the circumstances satisfy any criteria prescribed by the main search power for asserting that the court can exercise its power to authorise the search of those premises.

(8) In relation to any set of premises which the applicant wants to be searched on more than one occasion, the application must—

(a) explain how the main search power allows the court to authorise such searching;

(b) explain why the applicant wants the premises to be searched more than once; and

(c) specify any proposed maximum number of occasions.

(9) In relation to any set of premises which the applicant wants to be searched by the officers executing the warrant with other persons authorised by the court, the application must—

(a) identify those other persons, by function or description; and

(b) explain why those persons are required.

(10) The application must disclose anything known or reported to the applicant that might reasonably be considered capable of undermining any of the grounds of the application.

(11) Where the application includes information that the applicant thinks should be supplied only to the court, the applicant may—

(a) set out that information in a separate document, marked accordingly; and

(b) in that document, explain why the applicant thinks that that information ought not to be supplied to anyone other than the court.

(12) The application must include—

(a) a declaration by the applicant that to the best of the applicant’s knowledge and belief—

(i) the application discloses all the information that is material to what the court must decide, including anything that might reasonably be considered capable of undermining any of the grounds of the application, and

(ii) the content of the application is true; and

(b) a declaration by an officer senior to the applicant that the senior officer has reviewed and authorised the application.

(13) The application must attach a draft warrant or warrants in the terms proposed by the applicant.

[Note. The Practice Direction sets out forms of application and warrant for use in connection with this rule.

Sections 15 and 16 of the Police and Criminal Evidence Act 1984(1) apply to the issue to a constable under any Act of a warrant authorising the search of specified premises, or the search of premises of a specified person.

Unless other legislation otherwise provides, under section 16(3) of the 1984 Act, entry and search under a warrant must be within 3 months from the date of its issue.]

(1)

1984 c. 60; section 15 was amended by sections 113 and 114 of the Serious Organised Crime and Police Act 2005 (c. 15) and article 7 of S.I. 2005/3496. Section 16 was amended by paragraph 281 of Schedule 8 to the Courts Act 2003 (c. 39), section 2 of the Criminal Justice Act 2003 (c. 44), article 8 of S.I. 2005/3496 and sections 113 and 114 of the Serious Organised Crime and Police Act 2005 (c. 15).