Supplementary powers

5 Supplementary powers of entry, seizure and retention.

1

If, on an application made by a constable, a justice of the peace or sheriff is satisfied that there are reasonable grounds for suspecting—

a

that a person (“the suspect”) has committed an offence under section 1 in relation to knives of a particular description, and

b

that knives of that description and in the suspect’s possession or under his control are to be found on particular premises,

the justice or sheriff may issue a warrant authorising a constable to enter those premises, search for the knives and seize and remove any that he finds.

C12

If, on an application made by a constable, a justice of the peace or sheriff is satisfied that there are reasonable grounds for suspecting—

a

that a person (“the suspect”) has committed an offence under section 2 in relation to particular material, and

b

that publications consisting of or containing that material and in the suspect’s possession or under his control are to be found on particular premises,

the justice or sheriff may issue a warrant authorising a constable to enter those premises, search for the publications and seize and remove any that he finds.

3

A constable, in the exercise of his powers under a warrant issued under this section, may if necessary use reasonable force.

C24

Any knives or publications which have been seized and removed by a constable under a warrant issued under this section may be retained until the conclusion of proceedings against the suspect.

5

For the purposes of this section, proceedings in relation to a suspect are concluded if—

a

he is found guilty and sentenced or otherwise dealt with for the offence;

b

he is acquitted;

c

proceedings for the offence are discontinued; or

d

it is decided not to prosecute him.

6

In this section “premises” includes any place and, in particular, any vehicle, vessel, aircraft or hovercraft and any tent or movable structure.