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Article 7 Search warrants and orders relating to unspecified premises

Original text. Later amendments are not shown.

(1)

Schedule 1 to the 2009 Order (excluded and special procedure material) is amended as follows.

(2)

In paragraph 2(a)(ii), after “specified in the application” insert “, or occupied or controlled by a person so specified (including all such premises on which there are reasonable grounds for believing that there is such material as it is reasonably practicable so to specify),”.

(3)

In paragraph 3—

(a)

for sub-paragraph (a) substitute—

“(a)

there are reasonable grounds for believing that on relevant residential premises specified in the application, or occupied or controlled by a person so specified (including all such premises on which there are reasonable grounds for believing that there is such material as it is reasonably practicable so to specify), there is material which consists of or includes excluded material or special procedure material;”;

(b)

in sub-paragraph (b), for “the premises” substitute “such premises”;

(c)

in sub-paragraph (b)(i), omit “specified”.

(4)

In paragraph 12—

(a)

in sub-paragraph (a)(ii), for “are also fulfilled” substitute “is also fulfilled in relation to each set of premises specified in the application”;

(b)

before the full stop at the end, insert “, or (as the case may be) all relevant residential premises occupied or controlled by the person referred to in paragraph 2(a)(ii) or 3(a), including such sets of premises as are specified in the application”.

(5)

After paragraph 12 insert—

“12A.

The judge advocate may not issue a warrant under paragraph 12 to enter and search all relevant residential premises occupied or controlled by a person unless satisfied—

(a)

that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application, as well as those which are, in order to find the material in question; and

(b)

that it is not reasonably practicable to specify all the premises which the person occupies or controls and which might need to be searched.”