Chwilio Deddfwriaeth

The United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands) Order 1996

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2.—(1) If in either the Bailiwick of Guernsey or the Bailiwick of Jersey the Bailiff is satisfied by information given on oath—

(a)that there is reasonable ground for suspecting than an offence under this Order or, with respect to any of the matters regulated by this Order, an offence under any enactment relating to customs or an offence against any provision of law with respect to similar matters which is for the time being in force in that Bailiwick has been or is being committed and that evidence of the commission of the offence is to be found on any premises specified in the information, or in any ship, aircraft or vehicle so specified; or

(b)that any documents which ought to have been produced under paragraph 1 of this Schedule and have not been produced are to be found on any such premises or in any such ship, aircraft or vehicle,

he may grant a search warrant authorising any officer of police, together with any other persons named in the warrant and any other officers of police, to enter the premises specified in the information or, as the case may be, any premises upon which the ship, aircraft or vehicle so specified may be, at any time within one month from the date of the warrant and to search the premises or, as the case may be, the ship, aircraft or vehicle.

(2) A person authorised by any such warrant as aforesaid to search any premises or any ship, aircraft or vehicle may search every person who is found in, or whom he has reasonable ground to believe to have recently left or to be about to enter those premises or that ship, aircraft or vehicle and may seize any document or article found on the premises or in the ship, aircraft or vehicle or on such person which such authorised person has reasonable ground to believe to be evidence of the commission of any such offence as aforesaid or any documents which he has reasonable ground to believe ought to have been produced under paragraph 1 of this Schedule or to take in relation to any such article or document any other steps which may appear necessary for preserving it and preventing interference with it:

Provided that no person shall, in pursuance of any warrant issued under this paragraph, be searched except by a person of the same sex.

(3) Where, by virtue of this paragraph, a person is empowered to enter any premises, ship, aircraft or vehicle he may use such force as is reasonably necessary for that purpose.

(4) Any documents or articles of which possession is taken under this paragraph may be retained for a period of three months or, if within that period there are commenced any proceedings for such an offence as is mentioned in sub-paragraph (1)(a) of paragraph 2 of this Schedule to which they are relevant, until the conclusion of those proceedings.

(5) In the application of this paragraph to the Islands of Alderney and Sark, any reference to the Bailiff includes a reference, in the case of Alderney, to the Chairman of the Court of Alderney and, in the case of Sark, to the Seneschal.

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