PART 9Investigation

CHAPTER 4Search warrants generally

Issue of warrants generally40

1

A judicial officer may, on application by the Regulator, issue a warrant authorising an officer of the Regulator to enter and search premises (being one or more sets of premises specified in the application) if the judicial officer is satisfied—

a

that a ground specified in regulation 34 or 37, as the case requires, for application for the issue of a warrant has been made out;

b

that the material to be sought does not consist of or include—

i

items subject to legal privilege;

ii

excluded material; or

iii

special procedure material; and

c

that at least one of the conditions set out in paragraph (2) applies in relation to each set of premises.

2

The conditions referred to in paragraph (1)(c) are—

a

that it is not practicable to communicate with any person entitled to grant entry to the premises;

b

that it is practicable to communicate with a person entitled to grant entry to the premises, but it is not practicable to communicate with any person entitled to grant access to the material;

c

that entry to the premises will not be granted unless a warrant is produced;

d

that the purpose of a search may be frustrated or seriously prejudiced unless an officer of the Regulator arriving at the premises can secure immediate entry to them.

3

A judicial officer must not issue a warrant in response to an application unless he is satisfied that no judicial officer has refused to issue a warrant based on another application that is in substance the same.