Computer Misuse Act 1990

14 Search warrants for offences under section 1.E+W

(1)Where a circuit judge [F1or a District Judge (Magistrates' Courts)]F1 is satisfied by information on oath given by a constable that there are reasonable grounds for believing—

(a)that an offence under section 1 above has been or is about to be committed in any premises; and

(b)that evidence that such an offence has been or is about to be committed is in those premises;

he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary.

(2)The power conferred by subsection (1) above does not extend to authorising a search for material of the kinds mentioned in section 9(2) of the M1Police and Criminal Evidence Act 1984 (privileged, excluded and special procedure material).

(3)A warrant under this section—

(a)may authorise persons to accompany any constable executing the warrant; and

(b)remains in force for [F2three months]F2 from the date of its issue.

(4)In executing a warrant issued under this section a constable may seize an article if he reasonably believes that it is evidence that an offence under section 1 above has been or is about to be committed.

(5)In this section “premises” includes land, buildings, movable structures, vehicles, vessels, aircraft and hovercraft.

(6)This section does not extend to Scotland.

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E1This version of this provision extends to England and Wales only; a separate version has been created for Northern Ireland only.

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Marginal Citations

14 Search warrants for offences under section 1.N.I.

(1)Where a circuit judge [F1or a District Judge (Magistrates' Courts)]F1 is satisfied by information on oath given by a constable that there are reasonable grounds for believing—

(a)that an offence under section 1 above has been or is about to be committed in any premises; and

(b)that evidence that such an offence has been or is about to be committed is in those premises;

he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary.

(2)The power conferred by subsection (1) above does not extend to authorising a search for material of the kinds mentioned in section 9(2) of the M1Police and Criminal Evidence Act 1984 (privileged, excluded and special procedure material).

(3)A warrant under this section—

(a)may authorise persons to accompany any constable executing the warrant; and

(b)remains in force for twenty-eight days from the date of its issue.

(4)In executing a warrant issued under this section a constable may seize an article if he reasonably believes that it is evidence that an offence under section 1 above has been or is about to be committed.

(5)In this section “premises” includes land, buildings, movable structures, vehicles, vessels, aircraft and hovercraft.

(6)This section does not extend to Scotland.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales only

Amendments (Textual)

Modifications etc. (not altering text)

Marginal Citations