OpenLegislation

Paragraph 6 Applications for search warrantsI1I2

United Kingdom

(1)

A search warrant may be issued under paragraph 5 only on the application of—

(a)

a constable, in England and Wales or Northern Ireland;

(b)

a constable or a procurator fiscal, in Scotland.

(2)

An application for a search warrant may be made without notice being given to persons who might be affected by the warrant.

(3)

The application must be supported—

(a)

in England and Wales, by information in writing;

(b)

in Scotland, by evidence on oath;

(c)

in Northern Ireland, by a complaint on oath.

(4)

A person applying for a search warrant must answer on oath any question that the justice hearing the application asks the person.

(5)

In the case of an application made by a procurator fiscal, the requirement under sub-paragraph (4) may be met by a constable or a person who has the powers of a constable.

(6)

Part 3 of this Schedule contains further provision about applications in England and Wales or Northern Ireland for search warrants under paragraph 5.

Annotations

Commencement

I1

Sch. 16 para. 6 not in force at Royal Assent, see s. 255(1)

I2

Sch. 16 para. 6 in force at 29.10.2026 by S.I. 2026/960, reg. 5(d)