Power of entry with warrant
153.Paragraph 9 of schedule 2 provides a means for a Trading Standards officer to obtain a search warrant from a sheriff or summary sheriff(9) in certain situations. In order to do so, the officer must—
reasonably suspect that an offence under section 5 or 22 has been, or is being, committed (in accordance with paragraph 1(3) of schedule 2),
satisfy the sheriff, by evidence on oath, that there are reasonable grounds for suspecting that: (i) such an offence has been, or is being committed at the premises or (ii) that there is an item or document on the premises that the officer has the power to inspect or require to be produced, and
satisfy the sheriff (again on oath) that one of the three conditions in paragraph 9(1)(b) is met.
154.A warrant granted under this paragraph lasts for 28 days. It may entitle an officer to—
enter the premises for which the warrant is granted, using force if necessary,
exercise the powers in paragraphs 5 to 8 of schedule 2.
155.It also entitles an officer to be accompanied onto the premises by such other persons as the officer thinks necessary and also to take such equipment onto the premises as the officer thinks necessary. For example, it may be necessary for a locksmith to attend to open any locked containers.
156.Unlike the power of entry in paragraph 4, the officer may be authorised to enter a private dwelling under a warrant granted by a sheriff. This may be necessary in cases where a person is operating a business from home. It also covers the situation where a person is operating out of a vehicle or vessel that someone lives in (such as a campervan or houseboat).
157.If the premises are unoccupied when the officer exercises the power of search under the warrant, the officer has to leave a notice for the occupier informing them that the premises have been entered under a search warrant and must also make sure that the premises are secured as effectively as they were when the officer forced entry.
For an explanation of the authority of a summary sheriff to grant a warrant, see the footnote relating to “
