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The Venezuela (Sanctions) (Overseas Territories) Order 2018

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Search warrants

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2.—(1) A justice of the peace may grant a search warrant if satisfied by information on oath that—

(a)there are reasonable grounds for suspecting that—

(i)an offence under this Order has been, is being, or is about to be committed, or

(ii)any information, document or goods requested by an authorised officer under paragraph 1 has or have not been provided or produced, and

(b)evidence in relation to the offence, or the information, document or goods so requested, is or are to be found on a ship, aircraft, vehicle or premises specified in the information.

(2) A search warrant issued under this paragraph is a warrant empowering an authorised officer to enter and search the ship, aircraft, vehicle or premises specified in the information, at any time within one month from the date of the warrant.

(3) An authorised officer who enters and searches a ship, aircraft, vehicle or premises under a warrant issued under this paragraph may—

(a)take such other persons and such equipment on to the ship, aircraft, vehicle or premises as appear to the officer to be necessary;

(b)take such steps as appear to the officer to be necessary, including in particular any steps mentioned in sub-paragraph (4);

(c)inspect and seize anything found in the course of a search if the officer reasonably suspects that—

(i)it is evidence in relation to an offence under this Order,

(ii)it is information, a document or goods requested (but not provided or produced) under paragraph 1, or

(iii)it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed;

(d)take copies of any document.

(4) The steps mentioned in sub-paragraph (3)(b) include—

(a)entering any land,

(b)using reasonable force, and

(c)stopping a ship, aircraft or vehicle for the purposes of entering and searching it.

(5) An authorised officer who enters a ship, aircraft, vehicle or premises under a warrant issued under this paragraph may—

(a)search any person found on the ship, aircraft, vehicle or premises whom the officer has reasonable cause to believe to be in possession of anything which may be required as evidence for the purposes of proceedings in respect of an offence under this Order, and

(b)seize anything found in such a search.

(6) Anything seized under sub-paragraph (3)(c) or (5)(b) may be—

(a)retained for so long as is necessary in all the circumstances, and

(b)forfeited, disposed of or transferred as appropriate.

(7) A search of a person under sub-paragraph (5) must be carried out by a person of the same sex.

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