C1C8C9C14 Part II Powers of Entry, Search and Seizure

Annotations:
Modifications etc. (not altering text)
C1

Pt. II (ss. 8-23) extended (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 7(1); S.I. 1991/1072, art. 2 Sch. Pt. I

Pt. II (ss. 8-23) applied (with modifications) (17.5.1996) by S.I. 1996/1296, art. 16(1)

Pt. II (ss. 8-23) amended (17.5.1996) by S.I. 1996/1296, art. 16(7)(b)

Pt. II (ss. 8-23) applied (with modifications) (15.3.1996) by S.I. 1996/716, art. 16(1)

Pt. II (ss. 8-23) modified (1.9.2001) by 2001 c. 17, s. 33; S.I. 2001/2161, art. 2 (subject to art. 3)

Pt. II (ss. 8-23): Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para 1; S.I. 2003/708, art. 2(a)(j)

Search warrants

C2C4C5C6C7C25C20C29C15C16C21C12C2415C18 Search warrants—safeguards.

1

This section and section 16 below have effect in relation to the issue to constables under any enactment, including an enactment contained in an Act passed after this Act, of warrants to enter and search premises; and an entry on or search of premises under a warrant is unlawful unless it complies with this section and section 16 below.

2

Where a constable applies for any such warrant, it shall be his duty—

a

to state—

i

the ground on which he makes the application; F1. . .

ii

the enactment under which the warrant would be issued; F2and

F3iii

if the application is for a warrant authorising entry and search on more than one occasion, the ground on which he applies for such a warrant, and whether he seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired;

F4b

to specify the matters set out in subsection (2A) below; and

c

to identify, so far as is practicable, the articles or persons to be sought.

F52A

The matters which must be specified pursuant to subsection (2)(b) above are—

F6a

if the application relates to one or more sets of premises specified in the application, each set of premises which it is desired to enter and search;

b

F7if the application relates to any premises occupied or controlled by a person specified in the application–

i

as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;

ii

the person who is in occupation or control of those premises and any others which it is desired to enter and search;

iii

why it is necessary to search more premises than those specified under sub-paragraph (i); and

iv

why it is not reasonably practicable to specify all the premises which it is desired to enter and search.

3

An application for such a warrant shall be made ex parte and supported by an information in writing.

4

The constable shall answer on oath any question that the justice of the peace or judge hearing the application asks him.

C11C3C10C18C23C22C26C17C19C13C27C285

A warrant shall authorise an entry on one occasion only F8unless it specifies that it authorises multiple entries.

C18C10C11C23C22C26C17C19C13C27C28F95A

If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.

C3C10C11C18C23C22C26C17C19C13C27C286

A warrant—

a

shall specify—

i

the name of the person who applies for it;

ii

the date on which it is issued;

iii

the enactment under which it is issued; and

F10iv

each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under his occupation or control which can be specified and which are to be searched; and

b

shall identify, so far as is practicable, the articles or persons to be sought.

C18C3C10C11C23C22C26C17C19C13C27C28F117

Two copies shall be made of a F12warrant which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant.

C3C10C11C18C23C22C26C17C19C13C27C288

The copies shall be clearly certified as copies.