Paragraph 3 Execution of warrants

Entry and search under a warrant must be within three months from the date of its issue.

Where the occupier of the F1premises to be entered and searched is present at the time when an authorised person seeks to execute a warrant to enter and search it, the authorised person shall—

Where the occupier of the F2premises is not present at the time when an authorised person seeks to execute such a warrant; but some other person who appears to the authorised person to be in charge of the premises is present, sub-paragraph (2) shall have effect as if any reference to the occupier were a reference to that other person.

If there is no person present who appears to the authorised person to be in charge of the F3premises , the authorised person must leave a copy of the warrant in a prominent place on the premises.

A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.

An authorised person executing a warrant shall make an endorsement on it stating whether what was sought was found.

A warrant shall be returned to the designated officer for the local justice area in which the justice of the peace, sheriff or stipendiary magistrate was acting when the warrant was issued—

In Scotland the designated officer is the sheriff’s clerk if the warrant was issued by a sheriff, and the clerk of the justice of the peace’s court if the warrant was issued by a justice of the peace or stipendiary magistrate.

A warrant which is returned under sub-paragraph (7) shall be retained for 12 months from its return by the designated officer for the local justice area.

If during the period for which a warrant is to be retained the occupier of the F4premises to which it relates asks to inspect it, such inspection shall be allowed.