SCHEDULES

C2C8C7C9C10SCHEDULE 2 Officers and their Powers

Annotations:
Modifications etc. (not altering text)
C2

Sch. 2 applied (E.W.) (with modifications) (1.2.2000) by S.I. 1999/3483, reg. 4(6) Sch. 2 applied (1.2.2000) by S.S.I. 2000/22, art. 4(5)

Entry into dwellings

C1C4C3C5C67

1

An officer may only enter a dwelling for the purpose of performing his functions under this Act if a justice has issued a warrant authorising him to enter and search that dwelling.

2

A justice may only issue such a warrant if on an application made by the officer he is satisfied—

a

that the officer has reasonable grounds for believing that there is present in the dwelling anything to which those functions relate, and

b

that—

i

it is not practicable to communicate with any person entitled to grant entry to the dwelling; or

ii

a person entitled to grant entry to the dwelling has unreasonably refused an officer entry; or

iii

entry to the dwelling is unlikely to be granted unless a warrant is produced; or

iv

the purpose of entry may be frustrated or seriously prejudiced unless an officer arriving at the dwelling can secure immediate entry to it.

3

In this paragraph “justice” means—

a

in relation to England and Wales and Northern Ireland, a justice of the peace; and

b

in relation to Scotland, a sheriff, stipendiary magistrate or justice of the peace.

4

In relation to England and Wales, sections 15 and 16 of the M1Police and Criminal Evidence Act 1984 (which relate to safeguards in respect of warrants and the execution of warrants) F1and, in relation to Northern Ireland, Articles 17 and 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (which make provision corresponding to those sections) shall have effect in relation to warrants for officers under this paragraph as they have effect in relation to warrants for constables.