The Act
Overview
Part 1: Non-surgical Procedures
Section 9: Conditions for issue of warrant
71.This section provides a means for an authorised person to obtain a warrant from a sheriff or justice of the peace to enter and search premises for the purpose of ascertaining whether or not an offence under section 2 or 3 has been or is being committed.
72.Before granting a warrant to enter and search premises under this section, the sheriff or justice of the peace must be satisfied that—
there are reasonable grounds for believing that either an offence under section 2 or 3 of the Act has been or is being committed at the premises, or that the premises have been or are being used in connection with an offence under section 2 or 3 of the Act, and
either—
the authorised person has been refused entry to the premises (or a refusal may be reasonably expected), or notice of the intention to seek a warrant has been given to the occupier of the premises (or the giving of notice would frustrate the purpose for which the warrant is sought), or
the premises are unoccupied, or the occupier of the premises is temporarily absent.
- Previous
- Explanatory Notes Table of contents
- Next