- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 No. 288
9.—(1) Article 17 of PACE (search warrants – safeguards) is amended as follows.
(2) In paragraph (2)(a)—
(a)omit “and” at the end of head (i),
(b)at the end of head (ii) insert “and”,
(c)after that head insert—
“(iii)if the application is for a warrant authorising entry and search on more than one occasion, the ground on which he applies for such a warrant, and whether he seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired;”.
(3) For paragraph (2)(b) substitute—
“(b)to specify the matters set out in paragraph (2A); and”.
(4) After paragraph (2) insert—
“(2A) The matters which must be specified pursuant to paragraph (2)(b) are—
(a)if the application relates to one or more sets of premises specified in the application, each set of premises which it is desired to enter and search;
(b)if the application relates to any premises occupied or controlled by a person specified in the application,—
(i)as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;
(ii)the person who is in occupation or control of those premises and any others which it is desired to enter and search;
(iii)why it is necessary to search more premises than those specified under head (i); and
(iv)why it is not reasonably practicable to specify all the premises which it is desired to enter and search.”.
(5) In paragraph (5), at the end add “unless it specifies that it authorises multiple entries”.
(6) After paragraph (5) insert—
“(5A) If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.”.
(7) For paragraph (6)(a)(iv) substitute—
“(iv)each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under his occupation or control which can be specified and which are to be searched; and”.
(8) For paragraph (7) substitute—
“(7) Two copies shall be made of a warrant which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant.”.
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