439.This section sets out the procedure for the application for and issue of a search and seizure warrant in an extradition case.
440.Subsection (1)gives a justice of the peace power to issue such a warrant, on the application of a police constable, if he is satisfied that the necessary conditions are met. These conditions are described below.
441.Under subsection (2) the application for a search and seizure warrant is required to state that the warrant is sought in connection with the extradition of a person under this Act. It must also specify the premises (see section 174(5) below), the material for which the warrant is sought and that the specified material is believed to be on the premises. In addition, the application must state that the person is accused of a specified extradition offence in a specified category 1 or category 2 territory (subsections (3) and (4)).
442.Subsections (5) to (7) explain what is meant by a search and seizure warrant. The warrant authorises a constable to enter and search the specified premises in question and to confiscate any relevant material that is found there. Material is relevant if it could be used as evidence in a trial in the United Kingdom for the specified offence in question. However, the material must not include anything that is subject to legal privilege, excluded material or special procedure material. These terms are defined in section 174 below.
443.For a search and seizure warrant to be issued there must be reasonable grounds to believe (subsection (8)) that:
the offence in question has been committed by the person named;
that person is in or on his way to the United Kingdom;
the offence in question is an extradition offence, in accordance with the definition given in section 64 (for Part 1) or section 137 (for Part 2); and
there is relevant material on the premises.
444.In addition, there must be reasonable grounds for believing that one of the conditions laid down in subsection (9) applies. The conditions are:
that it is not practicable to communicate with someone who is entitled to allow entry to the premises;
that it is not practicable to communicate with a person entitled to give access to the material in question;
that permission to enter the premises will not be given without a warrant; or
that the purpose of a search may be jeopardised unless immediate entry to the premises can be assured.
445.Subsection (10) sets out the necessary adaptations for this section to apply in Scotland.