Power of entry with warrant
139.Paragraph 11 of the schedule provides a means for a Trading Standards officer to obtain a search warrant from a sheriff or summary sheriff(13) in certain situations (detailed in paragraph 11(1)). But paragraph 1(3) of the schedule limits the use of the power of entry with warrant to circumstances in which the officer has reason to suspect that an offence under section 2 or 3 has been, or is being, committed.
140.A warrant granted under this paragraph lasts for 28 days. It may entitle an officer to enter the premises in question (and this can be a private dwelling), using force if necessary, and to exercise the powers in paragraphs 7 to 10 of the schedule. 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.
141.If the premises are occupied, the officer must produce evidence of the warrant to an occupier of the premises. 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 entered the premises.
See paragraph 110 for explanation of the definition of “sheriff”.
