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Serious Organised Crime and Police Act 2005

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Serious Organised Crime and Police Act 2005, Section 66 is up to date with all changes known to be in force on or before 22 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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66Power to enter and seize documentsE+W+S
This section has no associated Explanatory Notes

(1)A justice of the peace may issue a warrant under this section if, on an information on oath laid by the Investigating Authority, he is satisfied—

(a)that any of the conditions mentioned in subsection (2) is met in relation to any documents of a description specified in the information, and

(b)that the documents are on premises so specified.

(2)The conditions are—

(a)that a person has been required by a disclosure notice to produce the documents but has not done so;

(b)that it is not practicable to give a disclosure notice requiring their production;

(c)that giving such a notice might seriously prejudice the investigation of an offence to which this Chapter applies.

(3)A warrant under this section is a warrant authorising an appropriate person named in it—

(a)to enter and search the premises, using such force as is reasonably necessary;

(b)to take possession of any documents appearing to be documents of a description specified in the information, or to take any other steps which appear to be necessary for preserving, or preventing interference with, any such documents;

(c)in the case of any such documents consisting of information recorded otherwise than in legible form, to take possession of any computer disk or other electronic storage device which appears to contain the information in question, or to take any other steps which appear to be necessary for preserving, or preventing interference with, that information;

(d)to take copies of or extracts from any documents or information falling within paragraph (b) or (c);

(e)to require any person on the premises to provide an explanation of any such documents or information or to state where any such documents or information may be found;

(f)to require any such person to give the appropriate person such assistance as he may reasonably require for the taking of copies or extracts as mentioned in paragraph (d).

(4)A person executing a warrant under this section may take other persons with him, if it appears to him to be necessary to do so.

(5)A warrant under this section must, if so required, be produced for inspection by the owner or occupier of the premises or anyone acting on his behalf.

(6)If the premises are unoccupied or the occupier is temporarily absent, a person entering the premises under the authority of a warrant under this section must leave the premises as effectively secured against trespassers as he found them.

(7)Where possession of any document or device is taken under this section—

(a)the document may be retained for so long as the Investigating Authority considers that it is necessary to retain it (rather than a copy of it) in connection with the investigation for the purposes of which the warrant was sought, or

(b)the device may be retained for so long as he considers that it is necessary to retain it in connection with that investigation,

as the case may be.

(8)If the Investigating Authority has reasonable grounds for believing—

(a)that any such document or device may have to be produced for the purposes of any legal proceedings, and

(b)that it might otherwise be unavailable for those purposes,

it may be retained until the proceedings are concluded.

(9)Nothing in this section authorises a person to take possession of, or make copies of or take extracts from, any document or information which, by virtue of section 64, could not be required to be produced or disclosed under section 62 or 63.

(10)In the application of this section to Scotland—

(a)subsection (1) has effect as if, for the words from the beginning to “satisfied—”, there were substituted “ A sheriff may issue a warrant under this section, on the application of a procurator fiscal, if he is satisfied— ”;

(b)subsections (1)(a) and (3)(b) have effect as if, for “in the information”, there were substituted “ in the application ”; and

(c)subsections (4) to (6) do not have effect.

[F1(11)In the application of this section to Northern Ireland—

(a)subsection (1) has effect as if, for the words from the beginning to “laid”, there were substituted “A lay magistrate may issue a warrant under this section if, on complaint on oath made”; and

(b)subsections (1)(a) and (3)(b) have effect as if, for “in the information”, there were substituted “in the complaint”.]

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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.

Amendments (Textual)

Modifications etc. (not altering text)

C1Ss. 60-67 extended (Northern Ireland) (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 26(1), 31(3); S.I. 2006/2966, art. 3

Commencement Information

I1S. 66 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)

I2S. 66 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)

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