OpenLegislation

Section 23 Entry and search under warrant in connection with offencesI1I2C1C2C3

(1)

Subject to subsection (2), a justice of the peace may, on the application of an inspector or constable, issue a warrant authorising an inspector or a constable to enter premises, if necessary using reasonable force, in order to search for evidence of the commission of a relevant offence.

(2)

The power to issue a warrant under subsection (1) is exercisable only if the justice of the peace is satisfied—

(a)

that there are reasonable grounds for believing—

(i)

that a relevant offence has been committed on the premises, or

(ii)

that evidence of the commission of a relevant offence is to be found on the premises, and

(b)

that section 52 is satisfied in relation to the premises.

(3)

In this section, “relevant offence” means an offence under any of sections 4 to 9, 13(6) and 34(9).

Annotations

Modifications

C1

S. 23 modified (W.) (24.3.2010) by Animal Welfare (Electronic Collars) (Wales) Regulations 2010 (S.I. 2010/943), regs. 1, 4

C2

S. 23 modified (W.) (10.9.2021) by The Animal Welfare (Licensing of Activities Involving Animals) (Wales) Regulations 2021 (S.I. 2021/416), regs. 1(2), 20

C3

S. 23 modified (6.4.2026) by The Animal Welfare (Primate Licences) (England) Regulations 2024 (S.I. 2024/296), regs. 1(2), 18

Commencement

I1

S. 23 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(e)

I2

S. 23 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(g)