Police, Crime, Sentencing and Courts Act 2022

Issue of warrants by judge E+W

8 (1) On an application made by a constable, a judge may issue a warrant authorising a constable to enter and search premises if the judge is satisfied that the conditions in this paragraph are met.

(2) The first condition is that there are reasonable grounds for believing that there is material on the premises mentioned in sub-paragraph (5) below that consists of, or may relate to the location of, relevant human remains.

(3) The second condition is that each of the conditions set out in paragraph 1(3) to (6) is met in relation to the material.

(4) The third condition is that there are reasonable grounds for believing, in relation to each set of premises specified in the application—

(a) that it is not practicable to communicate with any person entitled to grant entry to the premises,

(b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the material,

(c) that the material on the premises contains information which—

(i) is subject to a restriction on disclosure or an obligation of secrecy contained in any enactment, including an enactment contained in an Act passed after this Act, and

(ii) is likely to be disclosed in breach of it if a warrant is not issued, or

(d) that service of notice of an application for an order under paragraph 2 may seriously prejudice the purpose of the search.

(5) The premises referred to in sub-paragraph (2) are—

(a) one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”), or

(b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

Commencement Information

I1 Sch. 6 para. 8 not in force at Royal Assent, see s. 208(1)

I2 Sch. 6 para. 8 in force at 28.6.2022 by S.I. 2022/520, reg. 5(g)