OpenLegislation

Paragraph 2 Material other than confidential material: search, seizure and retentionI1I2

United Kingdom

(1)

A constable may make an application for the issue of a warrant under this paragraph—

(a)

in England and Wales, to a justice of the peace;

(b)

in Northern Ireland, to a lay magistrate.

(2)

The justice of the peace or lay magistrate may grant the application if satisfied that—

(a)

conditions 1 and 2 are met, and

(b)

in the case of an application for an all premises warrant, condition 3 is met.

(3)

Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed.

(4)

Condition 2 is that there are reasonable grounds for suspecting that there is on the relevant premises material which—

(a)

is likely to be evidence that a relevant act has been, or is about to be, committed, and

(b)

does not consist of or include confidential material.

(5)

Condition 3 is that it is not reasonably practicable to specify in the application all the premises which the person specified in the application occupies or controls and which might need to be searched.

(6)

A warrant under this paragraph is a warrant authorising any constable—

(a)

to enter the relevant premises,

(b)

to search the relevant premises and any person found there, and

(c)

to seize and retain any material found on a search under paragraph (b) which is likely to be evidence that a relevant act has been, or is about to be, committed.

(7)

A warrant under this paragraph does not authorise—

(a)

the seizure and retention of confidential material, or

(b)

a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat or jacket and gloves.

(8)

In this paragraph the “relevant premises” are—

(a)

one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”), or

(b)

any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

Annotations

Commencement

I1

Sch. 2 para. 2 not in force at Royal Assent, see 100(1)

I2

Sch. 2 para. 2 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

Notes on Schedule 2

Modifications

C1

Sch. 2 applied (20.12.2023) by 1989 c. 6, s. 11(3) (as substituted by National Security Act 2023 (c. 32), s. 100(1), Sch. 18 para. 6(3)(a) (with s. 97); S.I. 2023/1272, reg. 2(f))