Paragraph 5 Search warrants – safeguards

(1)

Article 8 is modified as follows.

(2)

For the purposes of article 8(2) an entry on or search of premises under a warrant complies with articles 8 to 10 if—

(a)

as regards anything done before commencement, it complies with articles 8 to 10 of the 2003 Order; and

(b)

as regards anything done on or after commencement, it complies with articles 8 to 10 of this Order.

(3)

Article 8(6) applies in relation to a hearing of an application for a warrant which was made under section 5 of the 2001 Act or Schedule 1 to the 2003 Order.

(4)

Article 8(10) applies in relation to a pre-commencement warrant of which the copies required by article 8(7) of the 2003 Order have not been made.

(5)

In article 8(11)—

(a)

the reference to the copies of a warrant includes copies of a pre-commencement warrant which have been made under article 8(7) of the 2003 Order but have not been certified as copies in accordance with article 8(8) of that Order; and

(b)

the reference to the judge advocate who issues the warrant is to be read as a reference to the person who (as a judicial officer) issued the warrant.