Rule 47.34 Application for warrant under any other powerI1

England and Wales

(1)

This rule applies—

(a)

where an applicant wants a court to issue a warrant or warrants under a power (in this rule, ‘the relevant search power’) to which rule 47.24(d) (other powers) refers; but

(b)

subject to any inconsistent provision in legislation that applies to the relevant search power.

(2)

As well as complying with rule 47.26, the application must—

(a)

demonstrate the applicant’s entitlement to apply;

(b)

identify the relevant search power (and see paragraph (3));

(c)

so far as practicable, identify the articles or persons sought (see also paragraph (4)) and if such an article may be stored in an electronic device or devices—

(i)

so far as practicable, describe each device or kind of device sought, and

(ii)

explain the grounds for believing that the article may be stored there;

(d)

specify the premises to be searched (and see paragraphs (5) and (6));

(e)

state whether the applicant wants the premises to be searched on more than one occasion, if the relevant search power allows (and see paragraph (7)); and

(f)

state whether the applicant wants other persons to accompany the officers executing the warrant or warrants, if the relevant search power allows (and see paragraph (8)).

(3)

The application must—

(a)

include or attach the terms of the relevant search power; and

(b)

explain how the circumstances satisfy the criteria prescribed by that power for making the application.

(4)

In relation to the articles or persons sought, the application must explain how they satisfy the criteria prescribed by the relevant search power about such articles or persons.

(5)

In relation to premises which the applicant wants to be searched and can specify, the application must—

(a)

specify each set of premises; and

(b)

in respect of each, explain how the circumstances satisfy any criteria prescribed by the relevant search power—

(i)

for asserting that the articles or persons sought are on those premises, and

(ii)

for asserting that the court can exercise its power to authorise the search of those particular premises.

(6)

In relation to premises which the applicant wants to be searched but at least some of which the applicant cannot specify, the application must—

(a)

explain how the relevant search power allows the court to authorise such searching;

(b)

specify the person who occupies or controls such premises;

(c)

specify as many sets of such premises as is reasonably practicable;

(d)

explain why—

(i)

it is necessary to search more premises than those specified, and

(ii)

it is not reasonably practicable to specify all the premises which the applicant wants to be searched;

(e)

in respect of each set of premises, whether specified or not, explain how the circumstances satisfy any criteria prescribed by the relevant search power for asserting that the articles or persons sought are on those premises; and

(f)

in respect of each specified set of premises, explain how the circumstances satisfy any criteria prescribed by the relevant search power for asserting that the court can exercise its power to authorise the search of those premises.

(7)

In relation to any set of premises which the applicant wants to be searched on more than one occasion, the application must—

(a)

explain how the relevant search power allows the court to authorise such searching;

(b)

explain why the applicant wants the premises to be searched more than once; and

(c)

specify any proposed maximum number of occasions.

(8)

In relation to any set of premises which the applicant wants to be searched by the officers executing the warrant with other persons authorised by the court, the application must—

(a)

identify those other persons, by function or description; and

(b)

explain why those persons are required.

[Note. See, among other provisions, sections 15 and 16 of the Police and Criminal Evidence Act 1984^f1, which apply to an application by a constable under any Act for a warrant authorising the search of specified premises, or the search of premises of a specified person, and to the execution of such a warrant. Unless other legislation otherwise provides, under section 16(3) of the 1984 Act entry and search under a warrant must be within 3 months from the date of its issue.]

Annotations

Commencement

I1: Rule 47.34 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. Section 16 was amended by paragraph 281 of Schedule 8 to the Courts Act 2003 (c. 39), section 2 of the Criminal Justice Act 2003 (c. 44), sections 113 and 114 of the Serious Organised Crime and Police Act 2005 (c. 15) and article 8 of S.I. 2005/3496.

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)