Part 6Weapons of Mass Destruction
Supplemental provisions relating to sections 47 and 50
52C1 Powers of entry
1
If—
a
a justice of the peace is satisfied on information on oath that there are reasonable grounds for suspecting that evidence of the commission of an offence under section 47 or 50 is to be found on any premises; or
b
in Scotland the sheriff is satisfied by evidence on oath as mentioned in paragraph (a),
he may issue a warrant authorising an authorised officer to enter the premises, if necessary by force, at any time within one month from the time of the issue of the warrant and to search them.
2
The powers of a person who enters the premises under the authority of the warrant include power—
a
to take with him such other persons and such equipment as appear to him to be necessary;
b
to inspect, seize and retain any substance, equipment or document found on the premises;
c
to require any document or other information which is held in electronic form and is accessible from the premises to be produced in a form—
i
in which he can read and copy it; or
ii
from which it can readily be produced in a form in which he can read and copy it;
d
to copy any document which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under section 47 or 50.
3
A constable who enters premises under the authority of a warrant or by virtue of subsection (2)(a) may—
a
give such assistance as an authorised officer may request for the purpose of facilitating the exercise of any power under this section; and
b
search or cause to be searched any person on the premises who the constable has reasonable cause to believe may have in his possession any document or other thing which may be required as evidence for the purposes of proceedings in respect of an offence under section 47 or 50.
4
No constable shall search a person of the opposite sex.
5
The powers conferred by a warrant under this section shall only be exercisable, if the warrant so provides, in the presence of a constable.
6
A person who—
a
wilfully obstructs an authorised officer in the exercise of a power conferred by a warrant under this section; or
b
fails without reasonable excuse to comply with a reasonable request made by an authorised officer or a constable for the purpose of facilitating the exercise of such a power,
is guilty of an offence.
7
A person guilty of an offence under subsection (6) is liable—
a
on summary conviction, to a fine not exceeding the statutory maximum; and
b
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
8
In this section “authorised officer” means an authorised officer of the Secretary of State.