Supplementary powers

Supplementary powers of entry, seizure and retention
5
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.
2
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.
4
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.