Article 8 Search warrants – safeguards

(1)

This article and articles 9 and 10 have effect in relation to the issue to service policemen under section 5 or Schedule 1 of warrants to enter and search premises^f1; and an entry on or search of premises under a warrant is unlawful unless it complies with this article and articles 9 and 10.

(2)

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

(a)

to state the ground on which he makes the application;

(b)

to specify the premises which it is desired to enter and search; and

(c)

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

(3)

An application for such a warrant shall be made ex parte and supported by a statement in writing, which shall—

(a)

specify the name, rank and unit of the person who applies for it;

(b)

state the ground on which he makes the application;

(c)

identify, so far as is practicable, the articles to be sought;

(d)

specify the premises which it is desired to enter and search; and

(e)

specify the enactment under which the warrant would be issued.

(4)

The service policeman shall answer on oath any question that the judicial officer hearing the application asks him.

(5)

A warrant shall authorise an entry on one occasion only.

(6)

A warrant—

(a)

shall specify—

(i)

the name, rank and unit of the person who applies for it;

(ii)

the date on which it is issued;

(iii)

the enactment under which it is issued; and

(iv)

the premises to be searched; and

(b)

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

(7)

Two copies shall be made of a warrant.

(8)

The copies shall be clearly certified as copies.

Annotations

Footnotes

f1: By virtue of section 16(1), premises includes any place and, in particular, includes (a) any vehicle, vessel, aircraft or hovercraft, and (b) any tent or movable structure.