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
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.