Part VCounter-terrorist Powers

Suspected terrorists

42Search of premises

1

A justice of the peace may on the application of a constable issue a warrant in relation to specified premises if he is satisfied that there are reasonable grounds for suspecting that a person whom the constable reasonably suspects to be a person falling within section 40(1)(b) is to be found there.

2

A warrant under this section shall authorise any constable to enter and search the specified premises for the purpose of arresting the person referred to in subsection (1) under section 41.

3

In the application of subsection (1) to Scotland—

a

“justice of the peace” includes the sheriff, and

b

the justice of the peace or sheriff can be satisfied as mentioned in that subsection only by having heard evidence on oath.