Paragraph 3 Entry and associated powersI1

Scotland Not yet in force

(1)

A sheriff or justice of the peace may grant a warrant under this sub-paragraph if satisfied—

(a)

that there are reasonable grounds for suspecting—

(i)

that a relevant offence has been or is being committed at any premises, or

(ii)

that evidence of the commission of, or participation in, a relevant offence is to be found at any premises, and

(b)

that sub-paragraph (2) or (3) applies.

(2)

This sub-paragraph applies if—

(a)

admission to the premises has been refused or such a refusal may reasonably be expected, and

(b)

either—

(i)

notice of the intention to seek a warrant has been given to the occupier of the premises, or

(ii)

the giving of such notice would frustrate the purpose for which the warrant is sought.

(3)

This sub-paragraph applies if—

(a)

the premises are unoccupied, or

(b)

the occupier is temporarily absent.

Annotations