Section 4 Powers to search and obtain evidence.

United Kingdom

(1)

F1If a justice of the peace is satisfied by information on oath, or in Scotland the sheriff or a magistrate or justice of the peace is satisfied by evidence on oath, that there is reasonable ground for suspecting that an offence under section 1 of this Act has been, or is about to be, committed, he may grant a search warrant authorising a constable . . . —

(a)

to enter, at any time within ~~F2one month~~ ~~three months~~ from the date of the warrant, any premises or place F3named therein, if necessary by force, and to search the premises or place and every person found therein;

C1 C2 C3(b)

to inspect any document found in the premises or place or in the possession of any person found therein, and to take copies of, or seize or detain any such document;

(c)

to inspect, seize and detain any equipment so found; and

(d)

to inspect, sample, seize and detain any substance so found.

(2)

A warrant issued under subsection (1) above, authorising a constable to take the steps mentioned in that subsection, may also authorise any person named in the warrant to accompany the constable and assist him in taking any of those steps.

Annotations

Textual amendments

F1: Words repealed by S.I. 1989/1341 (N.I. 12), art. 90(2)(3), Sch. 7 Pt. I
F2: Words in s. 4(1)(a) substituted (E.W.) (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 16 para. 5; S.I. 2005/3495, art. 2(1)(s)
F3: Words repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119(2), Sch. 7

Modifications

C1: S. 4(1)(b)(c)(d) powers of seizure extended (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 51, 138(2), Sch. 1 para. 79 (with ss. 52-54, 68); S.I. 2003/708, art. 2(a); S.I. 2003/708, art. 2(a); S.I. 2003/708, art. 2(a)
C2: S. 4(1)(b)(c)(d) powers of seizure extended (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 50, 138(2), Sch. 1 para. 17 (with ss. 52-54, 68); S.I. 2003/708, art. 2(a); S.I. 2003/708, art. 2(a); S.I. 2003/708, art. 2(a)
C3: S. 4(1)(b)(c)(d) modified (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 55, 138(2), Sch. 1 para. 96 (with ss. 57(3), 68); S.I. 2003/708, art. 2(a); S.I. 2003/708, art. 2(a); S.I. 2003/708, art. 2(a)