Amendment of the Copyright, Designs and Patents Act 1988

Search warrants
2
1
The 1988 Act is amended as follows.
2
In section 109 (search warrants: infringing articles, etc.)—
a
in subsection (1)(a), for “107(1)(a), (b), (d)(iv) or (e)” substitute “107(1) or (2)”;
b
in subsection (4), after “107(1)” insert “or (2)”; and
c
in subsection (5), after “buildings,” insert “fixed or”.
3
In section 200 (search warrants: illicit recordings)—
a
in subsection (1)(a)—
i
for “198(1)(a), (b) or (d)(iii)” substitute “198(1)”; and
ii
after “importing” insert “, possessing, selling etc.”; and
b
after subsection (3) insert—
3A
In executing a warrant issued under subsection (1) a constable may seize an article if he reasonably believes that it is evidence that any offence under section 198(1) has been or is about to be committed.
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4
After section 297A insert—

Search warrants
297B
1
Where a justice of the peace (in Scotland, a sheriff or justice of the peace) is satisfied by information on oath given by a constable (in Scotland, by evidence on oath) that there are reasonable grounds for believing—
a
that an offence under section 297A(1) has been or is about to be committed in any premises, and
b
that evidence that such an offence has been or is about to be committed is in those premises,
he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary.
2
The power conferred by subsection (1) does not, in England and Wales, extend to authorising a search for material of the kinds mentioned in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (certain classes of personal or confidential material).
3
A warrant under subsection (1)—
a
may authorise persons to accompany any constable executing the warrant, and
b
remains in force for 28 days from the date of its issue.
4
In executing a warrant issued under subsection (1) a constable may seize an article if he reasonably believes that it is evidence that any offence under section 297A(1) has been or is about to be committed.
5
In this section “premises” includes land, buildings, fixed or moveable structures, vehicles, vessels, aircraft and hovercraft.
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