Paragraph 3 I1

(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 believing—

(i)

that a section 1 offence has been or is being committed at any premises, or

(ii)

that evidence of the commission of, or participation in, a section 1 offence is to be found at any premises, and

(b)

that condition A or condition B is satisfied in relation to the premises.

(2)

Condition A is—

(a)

that—

(i)

admission to the premises has been refused, or

(ii)

such a refusal may reasonably be expected, and

(b)

that—

(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)

Condition B is—

(a)

that the premises are unoccupied, or

(b)

that the occupier is temporarily absent.

Annotations