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Police and Criminal Evidence Act 1984

Status:

This is the original version (as it was originally enacted).

16Execution of warrants

(1)A warrant to enter and search premises may be executed by any constable.

(2)Such a warrant may authorise persons to accompany any constable who is executing it.

(3)Entry and search under a warrant must be within one month from the date of its issue.

(4)Entry and search under a warrant must be at a reasonable hour unless it appears to the constable executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.

(5)Where the occupier of premises which are to be entered and searched is present at the time when a constable seeks to execute a warrant to enter and search them, the constable—

(a)shall identify himself to the occupier and, if not in uniform, shall produce to him documentary evidence that he is a constable ;

(b)shall produce the warrant to him; and

(c)shall supply him with a copy of it.

(6)Where—

(a)the occupier of such premises is not present at the time when a constable seeks to execute such a warrant; but

(b)some other person who appears to the constable to be in charge of the premises is present,

subsection (5) above shall have effect as if any reference to the occupier were a reference to that other person.

(7)If there is no person present who appears to the constable to be in charge of the premises, he shall leave a copy of the warrant in a prominent place on the premises.

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

(9)A constable executing a warrant shall make an endorsement on it stating—

(a)whether the articles or persons sought were found ; and

(b)whether any articles were seized, other than articles which were sought.

(10)A warrant which—

(a)has been executed ; or

(b)has not been executed within the time authorised for its execution,

shall be returned—

(i)if it was issued by a justice of the peace, to the clerk to the justices for the petty sessions area for which he acts; and

(ii)if it was issued by a judge, to the appropriate officer of the court from which he issued it.

(11)A warrant which is returned under subsection (10) above shall be retained for 12 months from its return—

(a)by the clerk to the justices, if it was returned under paragraph (i) of that subsection ; and

(b)by the appropriate officer, if it was returned under paragraph (ii).

(12)If during the period for which a warrant is to be retained the occupier of the premises to which it relates asks to inspect it, he shall be allowed to do so.

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