Rule 47.25 Exercise of court’s powersI1

England and Wales

(1)

The court must determine an application for a warrant—

(a)

at a hearing, which must be in private unless the court otherwise directs;

(b)

in the presence of the applicant; and

(c)

in the absence of any person affected by the warrant, including any person in occupation or control of premises which the applicant wants to search.

(2)

If the court so directs, the applicant may attend the hearing by live link.

(3)

The court must not determine an application unless satisfied that sufficient time has been allowed for it.

(4)

The court must not determine an application unless the applicant confirms, on oath or affirmation, that to the best of the applicant’s knowledge and belief—

(a)

the application discloses all the information that is material to what the court must decide, including any circumstances that might reasonably be considered capable of undermining any of the grounds of the application; and

(b)

the content of the application is true.

(5)

If the court requires the applicant to answer a question about an application—

(a)

the applicant’s answer must be on oath or affirmation;

(b)

the court must arrange for a record of the gist of the question and reply; and

(c)

if the applicant cannot answer to the court’s satisfaction, the court may—

(i)

specify the information the court requires, and

(ii)

give directions for the presentation of any renewed application.

(6)

If the court considers information to which rule 47.26(4) refers (information that the applicant thinks should be kept confidential), the court must so record.

(7)

Unless to do so would be inconsistent with other legislation, on an application the court may issue—

(a)

a warrant in respect of specified premises;

(b)

a warrant in respect of all premises occupied or controlled by a specified person;

(c)

a warrant in respect of all premises occupied or controlled by a specified person which specifies some of those premises; or

(d)

more than one warrant—

(i)

each one in respect of premises specified in the warrant,

(ii)

each one in respect of all premises occupied or controlled by a person specified in the warrant (whether or not such a warrant also specifies any of those premises), or

(iii)

at least one in respect of specified premises and at least one in respect of all premises occupied or controlled by a specified person (whether or not such a warrant also specifies any of those premises).

(8)

Paragraph (9) applies—

(a)

only in a magistrates’ court; and

(b)

unless the court—

(i)

includes a District Judge (Magistrates’ Courts), and

(ii)

otherwise directs.

(9)

A justices’ legal adviser must assist the court by completing the preparation of any warrant to be issued.

[Note. See section 15 of the Police and Criminal Evidence Act 1984^f1 and section 2(4) of the Criminal Justice Act 1987^f2. Not all the powers to which the rules in this Section apply permit the issue of a warrant in respect of all premises occupied or controlled by a specified person: see, for example, rule 47.32 (Application for warrant under section 352 of the Proceeds of Crime Act 2002).

For the functions of a justices’ legal adviser, see sections 28 and 29 of the Courts Act 2003^f3. See also rule 2.12 (Duties of justices’ legal adviser).]

Annotations

Commencement

I1: Rule 47.25 in force at 6.10.2025, see Preamble

Footnotes

f1: 1984 c. 60; section 15 was amended by sections 113 and 114 of the Serious Organised Crime and Police Act 2005 (c. 15) and article 7 of S.I. 2005/3496.
f2: 1987 c. 38.
f3: 2003 c. 39; sections 28 and 29 were substituted by section 3 of, and paragraphs 25 and 26 of the Schedule to, the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33).

Notes on Part 47

Textual amendments

F1: Words in Pt. 47 Table of Contents omitted (6.4.2026) by virtue of The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(c)(i)