3(1)A sheriff or justice of the peace may grant a warrant under this sub-paragraph if satisfied—S
(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.
Commencement Information
I1Sch. 1 para. 3 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2