OpenLegislation

Paragraph 16 Return of warrantsI1I2

United Kingdom

(1)

Where a warrant is executed—

(a)

it must be returned to the appropriate person (see sub-paragraph (3)) after being executed, and

(b)

the person by whom it is executed must write on the warrant a statement of the powers that have been exercised under the warrant.

(2)

Where a warrant is not executed, it must be returned to the appropriate person within the time authorised for its execution.

(3)

The appropriate person is—

(a)

in the case of a warrant issued in England and Wales, the designated officer for the local justice area in which the justice of the peace was acting when issuing the warrant;

(b)

in the case of a warrant issued in Scotland, the clerk of the justice of the peace court;

(c)

in the case of a warrant issued in Northern Ireland, the clerk of petty sessions.

(4)

The appropriate person must retain a search warrant returned under sub-paragraph (1) or (2) until the end of the period of 12 months starting with the date of its return.

(5)

If during that period the occupier of premises to which the warrant relates asks to inspect it, the occupier must be allowed to do so.

Annotations

Commencement

I1

Sch. 12 para. 16 not in force at Royal Assent, see s. 240(1)

I2

Sch. 12 para. 16 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z10)