Powers of entry, search and seizure

Power to enter and search premises
39
1
Where a justice is satisfied that the requirements in subsection (4) are met in relation to any premises, the justice may issue a warrant (a “search warrant”) authorising a relevant enforcement officer—
a
to enter the premises, and
b
to search them for relevant evidence.
2
A search warrant may be issued only on the application of—
a
a relevant enforcement officer, in England and Wales or Northern Ireland;
b
a relevant enforcement officer or a procurator fiscal, in Scotland.
3
A search warrant may be either—
a
a warrant that relates only to premises specified in the warrant (a “specific-premises warrant”), or
b
in the case of a warrant issued in England and Wales or Northern Ireland, a warrant that relates to any premises occupied or controlled by a person specified in the warrant (an “all-premises warrant”).
4
The requirements of this subsection are met in relation to premises if there are reasonable grounds to suspect that—
a
there are items on the premises that are relevant evidence, and
b
in a case where the premises are specified in the application, any of the conditions in subsection (5) is met.
5
The conditions referred to in subsection (4)(b) are—
a
that it is not practicable to communicate with any person entitled to grant entry to the premises;
b
that it is not practicable to communicate with any person entitled to grant access to the items;
c
that entry to the premises is unlikely to be granted unless a warrant is produced;
d
that the purpose of entry may be frustrated or seriously prejudiced unless a relevant enforcement officer arriving at the premises can secure immediate entry to them.
6
In this Act “relevant enforcement officer” means—
a
a police or customs officer (see section 36(4)), or
b
an officer of a local authority.