Part III

Other functions of the Commission and the Council

The Commission

Powers of entry and seizure
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1
Subsection (2) applies where, on an application made by a constable or the Commission, a justice of the peace or, in Scotland, a sheriff is satisfied that there are reasonable grounds for suspecting—
a
that a person has committed an offence under section 6 (“the suspect”), and
b
that articles or documents of a particular description which are required for the purposes of an investigation of the offence are on particular premises.
2
The justice or sheriff may issue a warrant authorising a person appointed by him (“the appointed person”) to enter the premises concerned, search for the articles or documents and, subject to subsection (3), seize and remove any that he may find.
3
A warrant issued under subsection (2) shall not authorise the seizure and removal of any postal packet, mail-bag or document to which section 104(2) applies; but any such warrant may authorise the appointed person to take copies of the cover of any such packet, bag or document that he finds.
4
The appointed person, in the exercise of his powers under a warrant issued under this section, may if necessary use reasonable force.
5
The appointed person, in seeking to enter any premises in the exercise of his powers under the warrant, shall, if required by or on behalf of the owner or occupier or person in charge of the premises, produce evidence of his identity, and of the warrant, before entering.
6
Any articles or documents which have been seized and removed under a warrant issued under this section may be retained until the conclusion of proceedings against the suspect.
7
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.
8
In this section “premises” includes any vehicle, ship or aircraft.