Section 109 Search warrants.

United Kingdom

(1)

Where a justice of the peace (in Scotland, a sheriff or justice of the peace) is satisfied by information on oath given by a constable (in Scotland, by evidence on oath) that there are reasonable grounds for believing—

(a)

that an offence under F1section 107(1), (2) or (2A) has been or is about to be committed in any premises, and

(b)

that evidence that such an offence has been or is about to be committed is in those premises,

he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary.

(2)

The power conferred by subsection (1) does not, in England and Wales, extend to authorising a search for material of the kinds mentioned in section 9(2) of the M1Police and Criminal Evidence Act 1984 (certain classes of personal or confidential material).

(3)

A warrant under this section—

(a)

may authorise persons to accompany any constable executing the warrant, and

(b)

remains in force for F2three months from the date of its issue.

C1(4)

In executing a warrant issued under this section a constable may seize an article if he reasonably believes that it is evidence that any offence under F3section 107(1), (2) or (2A) has been or is about to be committed.

(5)

In this section “premises” includes land, buildings F4fixed or, moveable structures, vehicles, vessels, aircraft and hovercraft.

Annotations

Textual amendments

F1: Words in s. 109(1)(a) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 26(2)(i) (with regs. 31-40)
F2: Words in s. 109(3)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 174(1), 178, Sch. 16 para. 6(2); S.I. 2005/3495, art. 2(1)(s) (subject to art. 2(2))
F3: Words in s. 109(4) substituted (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 26(2)(ii) (with regs. 31-40)
F4: Words in s. 109(5) inserted (20.11.2002) by 2002 c. 25, s. 2(2)(c); S.I. 2002/2749, art. 2

Marginal citations

M1: 1984 c. 60.

Modifications

C1

S. 109(4): power of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, 138(2) Sch. 1 Pt. 1 para. 48; S.I. 2003/708, art. 2

S. 109(4) modified (E.W.N.I.) (1.4.2003) by 2001 c. 16, ss. 55, 68, 138(2), Sch. 1 Pt. 3 para. 106 (with s. 57(3)); S.I. 2003/708, art. 2

Notes on Part I

Modifications

C1: Pt. 1 extended (with modifications) by S.I. 1989/988, art. 2(3), 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I. 1989/1293, Sch. 5)
C2: Pt. 1 extended (with modifications) by S.I. 1989/1293, arts. 2(3), 3, 4, 5, Sch. 4 (with art. 6) (which S.I. was revoked by S.I.1993/942, art. 8, Sch. 5)
C3: Pt. 1 extended (with modifications) by S.I. 1993/942, arts. 2(3), 4, 5, Sch. 4 (with art. 6) (as amended by S.I.1994/263, art. 2 and S.I. 1995/2987, art. 3) (which S.I. and amending S.Is. were revoked by S.I. 1999/1751, art. 8, Sch. 6)
C4: Pt. 1 extended (with modifications) (22.7.1999) by S.I. 1999/1751, arts. 2(3), 3, 4(3)(5), 5, 7, Schs. 2, 4, 5 (as amended (22.4.2003) by S.I. 2003/774, arts. 2-5) (which S.I. and amending S.I. were revoked (1.5.2005) by S.I. 2005/852, art. 8)
C5: Pt. 1 extended in part (with modifications) (coming into force in accordance with art. 1 of the amending S.I.) by The Copyright (Bermuda) Order 2003 (S.I. 2003/1517), art. 2, Sch. (which S.I. was revoked (12.11.2009) by S.I. 2009/2749, arts. 1, 2)
C6: Pt. 1 modified (31.10.2003) by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 37(2) (with regs. 31-40)
C7: Pt. 1 extended (with modifications) (1.5.2005) by The Copyright and Performances (Application to Other Countries) Order 2005 (S.I. 2005/852), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2006) by S.I. 2006/316, art. 1(3))
C8: Pt. 1 extended in part (with modifications) (coming into force in accordance with art. 1 of the amending S.I.) by The Copyright (Gibraltar) Order 2005 (S.I. 2005/853), art. 2, Sch. (which S.I. is revoked (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2006/1039, arts. 1, 2)
C9: Pt. 1 extended (with modifications) (6.4.2006) by The Copyright and Performances (Application to Other Countries) Order 2006 (S.I. 2006/316), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2007) by S.I. 2007/273, art. 1(3))
C10: Pt. 1 extended (with modifications) (6.4.2007) by The Copyright and Performances (Application to Other Countries) Order 2007 (S.I. 2007/273), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2008) by S.I. 2008/677, art. 1(3))
C11: Pt. 1 extended (with modifications) (6.4.2008) by The Copyright and Performances (Application to Other Countries) Order 2008 (S.I. 2008/677), arts. 2-5, Sch. (with art. 7) (which S.I. was revoked (6.4.2012) by S.I. 2012/799, art. 1(3))
C12: Pt. 1 extended (with modifications) (6.4.2012) by The Copyright and Performances (Application to Other Countries) Order 2012 (S.I. 2012/799), arts. 1(1), arts. 2-5, Schs. (with art. 8) (which S.I. was revoked (6.4.2013) by S.I. 2013/536), art. 1(3))
C13: Pt. 1 extended in part (with modifications) (6.4.2013) by The Copyright and Performances (Application to Other Countries) Order 2013 (S.I. 2013/536), arts. 1(1), 2, 4, 5, Sch. (with art. 8) (as amended (6.4.2015) by S.I. 2015/216, art. 2) (which S.I. and amending S.I. were revoked (6.4.2017) by S.I. 2016/1219, art. 1(3))
C14: Pt. 1 extended in part (Cayman Islands) (with modifications) (coming into force in accordance with art. 1 of the amending Order) by The Copyright (Cayman Islands) Order 2015 (S.I. 2015/795), arts. 1, 2, Sch. (as amended by S.I. 2016/370, arts. 1, 2-40)
C15: Pt. 1 restricted (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 2, 3, 6 (with art. 13) (as amended (15.12.2024) by S.I. 2024/193, arts. 1(2), 3, 4, 5(1) and S.I. 2024/1124, arts. 1(2), 7)
C16: Pt. 1 extended (with modifications) (6.4.2017) by The Copyright and Performances (Application to Other Countries) Order 2016 (S.I. 2016/1219), arts. 1(1), 4, 5, 7, 8, Sch. Pt. 1 (with art. 13) (as amended: (26.6.2021) by S.I. 2021/636, arts. 1, 2(2); (1.12.2021) by S.I. 2021/1258, arts. 1, 2(2); (15.4.2023) by S.I. 2023/296, arts. 1, 2(2); and (15.12.2024) by S.I. 2024/193, arts. 1(2), 5(2)(3) and S.I. 2024/1124, arts. 1(2), 7)
C17: Pt. 1: power to extend conferred (27.4.2017) by Digital Economy Act 2017 (c. 30), ss. 118(1), 119(7)(8)(a)

Notes on Chapter VI

Modifications

C1: Pt. 1 Ch. VI applied (with modifications) (1.12.1996) by S.I. 1996/2967, reg. 17 (with Pt. III)