SCHEDULES

SCHEDULE 2Execution of search and seizure warrants

Return and retention of warrant

I111

1

A search and seizure warrant must be returned to the appropriate person (see sub-paragraph (2))—

a

when the warrant has been executed, or

b

on or before the expiry of the period of 3 months from the date of its issue, if the warrant is—

i

a specific-premises warrant that has not been executed,

ii

an all-premises warrant, or

iii

a warrant authorising multiple entries.

2

The appropriate person is—

a

in the case of a warrant issued in England and Wales, the designated officer for the local justice area in which the justice of the peace was acting when issuing the warrant;

b

in the case of a warrant issued in Scotland, the sheriff clerk for the sheriff court in which the sheriff was sitting when the sheriff issued the warrant;

c

in the case of a warrant issued in Northern Ireland, the clerk of petty sessions for the petty sessions district in which the lay magistrate was acting when he or she issued the warrant.

3

The appropriate person must retain a search and seizure warrant returned under sub-paragraph (1) for 12 months from the date of its return.

4

If during that period the occupier of premises to which the search and seizure warrant relates asks to inspect it, he or she must be allowed to do so.