OpenLegislation

Paragraph 22 Evidence of authority etcI1I2

United Kingdom

(1)

Where the occupier of premises to be entered and searched under a search warrant is present at the time when a constable seeks to execute the warrant, the following requirements must be satisfied—

(a)

the occupier must be told the constable’s name;

(b)

if not a constable in uniform, the constable must produce to the occupier documentary evidence that they are a constable;

(c)

the constable must produce the warrant to the occupier;

(d)

the constable must supply the occupier with a copy of it.

(2)

Where the occupier of premises to be entered and searched under a search warrant is not present at the time when a constable seeks to execute the warrant—

(a)

if some other person who appears to the constable to be in charge of the premises is present, sub-paragraph (1) has effect as if a reference to the occupier were a reference to that other person;

(b)

if not, the constable must leave a copy of the warrant in a prominent place on the premises.

Annotations

Commencement

I1

Sch. 16 para. 22 not in force at Royal Assent, see s. 255(1)

I2

Sch. 16 para. 22 in force at 29.10.2026 by S.I. 2026/960, reg. 5(d)