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Article 10 Safeguards and execution of warrants – further provisions

Original text. Later amendments are not shown.

(1)

Where—

(a)

a service policeman makes an application by live television link or other similar arrangement for a warrant to enter and search premises, or

(b)

the service policeman executing such a warrant has reasonable grounds for believing that it is likely that, if no search is carried out before the earliest time by which it will be practicable for him to have the warrant in his possession, the purpose of the search will be frustrated or seriously prejudiced,

articles 8 and 9 shall have effect subject to the following provisions of this article.

(2)

Where paragraph (1)(a) applies—

(a)

the warrant shall specify in addition to the requirements of article 8(6) that the application for the warrant was made by live television link or other similar arrangement;

(b)

the judicial officer shall transmit a copy of the warrant by facsimile machine or other means of electronic communication to the service policeman who made the application;

(c)

the judicial officer shall retain the warrant;

(d)

the certified copies of the warrant made in accordance with article 8(7) and (8) shall be sent to the service policeman who made the application as soon as reasonably practicable after a copy has been transmitted in accordance with sub-paragraph (b).

(3)

Where paragraph (1)(b) applies, the service policeman who applied for the warrant may transmit by any means practicable the information contained in the warrant to the service policeman who is to execute the warrant.

(4)

Where either sub-paragraph (a) or (b) of paragraph (1) applies—

(a)

the requirements of article 9(5)(b) and (c) shall be satisfied if the service policeman executing the warrant—

(i)

produces a copy-warrant to the occupier; and

(ii)

gives a copy of the copy-warrant to the occupier;

(b)

the occupier of the premises entered and searched shall be supplied with a certified copy of the warrant as soon as is reasonably practicable after the search is concluded;

(c)

the requirements of article 9(7) shall be satisfied if the service policeman executing the warrant leaves a copy of the copy-warrant in a prominent place on the premises;

(d)

the service policeman executing the warrant shall make the endorsement mentioned in article 9(9) on the copy-warrant;

(e)

if the warrant has not been executed within the time authorised for its execution, a service policeman shall make an endorsement on the copy-warrant stating that it has not been executed;

(f)

the requirements of article 9(10) shall not be satisfied unless the copy-warrant is sent to the judicial officer;

(g)

article 9(11) and (12) shall also apply to any copy-warrant returned in accordance with sub-paragraph (f).

(5)

In this article, “copy-warrant” means—

(a)

where paragraph (1)(a) applies but not paragraph (1)(b), the copy of the warrant transmitted in accordance with paragraph (2)(b) by the judicial officer to the service policeman who made the application; or

(b)

where paragraph (1)(b) applies, or where both paragraph (1)(a) and (b) apply, a document containing the information contained in the warrant.