OpenLegislation

Paragraph 5 Warrant conferring power to enter and search premisesI1I2

United Kingdom

(1)

Where a justice is satisfied that the requirements in sub-paragraph (3) are met in relation to any premises, the justice may issue a warrant (a “search warrant”) authorising a constable—

(a)

to enter the premises, and

(b)

to search them for relevant evidence.

(2)

A search warrant may be either—

(a)

a warrant that relates only to premises specified in the warrant (a “specific-premises warrant”), or

(b)

in the case of a warrant issued in England and Wales or Northern Ireland, a warrant that relates to any premises occupied or controlled by a person specified in the warrant (an “all-premises warrant”).

(3)

The requirements of this sub-paragraph are met in relation to premises if there are reasonable grounds to suspect that—

(a)

there are items on the premises that are relevant evidence, and

(b)

in a case where the premises are specified in the application, any of the following conditions is met—

(i)

that it is not practicable to communicate with any person entitled to grant entry to the premises;

(ii)

that it is not practicable to communicate with any person entitled to grant access to the items;

(iii)

that entry to the premises is unlikely to be granted unless a warrant is produced;

(iv)

that the purpose of entry may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

Annotations

Commencement

I1

Sch. 16 para. 5 not in force at Royal Assent, see s. 255(1)

I2

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