PART 4Seizure and forfeiture of drug-cutting agents

Warrants

I152Applications for search and seizure warrants

1

A justice of the peace may issue a warrant (a “search and seizure warrant”) authorising a police or customs officer—

a

to enter premises, and

b

to search them for substances that appear to be intended for use as drug-cutting agents,

if the justice is satisfied that there are reasonable grounds to suspect that a substance intended for such use is on the premises.

2

In this Part “police or customs officer” means—

a

a constable,

b

a National Crime Agency officer, or

c

a person designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009.

3

A search and seizure warrant may be either—

a

a warrant that relates to any premises occupied or controlled by a person specified in the warrant (an “all-premises warrant”), or

b

a warrant that relates only to premises specified in the warrant (a “specific-premises warrant”).

4

A search and seizure warrant may be issued only on the application of a police or customs officer.

5

The application may be made without notice being given to persons who might be affected by the warrant.

6

The application must be supported—

a

in England and Wales, by an information in writing;

b

in Scotland, by evidence on oath;

c

in Northern Ireland, by a complaint on oath.

7

The police or customs officer must answer on oath any question that the justice of the peace hearing the application asks him or her.

8

A police or customs officer applying for a search and seizure warrant must—

a

state that the application is made under this section;

b

specify the premises or (as the case may be) each set of premises that it is desired to enter and search;

c

state what are the grounds for suspecting that a substance intended for use as a drug-cutting agent is on the premises;

d

identify, so far as is possible, the substance or substances to be sought.

9

If the police or customs officer is applying for a search and seizure warrant authorising entry and search on more than one occasion, the officer must also state—

a

the ground on which the officer applies for such a warrant;

b

whether the officer seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired.

10

If the police or customs officer is applying for an all-premises warrant, the officer must also specify—

a

as many of the sets of premises that it is desired to enter and search as it is reasonably practicable to specify;

b

the person who is in occupation or control of those premises and any others that it is desired to enter and search;

c

why it is necessary to search more premises than those specified under paragraph (a);

d

why it is not reasonably practicable to specify all the premises that it is desired to enter and search.