SCHEDULES
SCHEDULE 5

Powers of entry and search etc

Inspecting, copying, seizing and retaining items
6
1
The powers conferred by a search warrant to inspect, copy, seize and retain items found on premises include—
a
power to require a person on the premises who is holding or accountable for items that are on the premises to produce them,
b
power to require a person on the premises to provide an explanation of an item or state where an item may be found,
c
in relation to documents kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away, and
d
power to require a person on the premises to provide such other assistance as the authorised person may reasonably require.
2
Those powers also include—
a
power to check the operation of a computer or electronic storage device, and
b
power to require a person within sub-paragraph (3) to provide the authorised person with such reasonable assistance as the authorised person may require for that purpose.
3
A person is within this sub-paragraph if the person is—
a
a person by whom or on whose behalf the computer or device is or has been used, or
b
a person having charge of, or otherwise concerned with the operation of, the computer or device.
4
The power conferred by a search warrant to inspect, copy, seize and retain items does not include power to inspect, copy, seize or retain excluded items.
5
“Excluded items” means items that are—
a
items subject to legal privilege (as defined in section 10 of the Police and Criminal Evidence Act 1984);
b
excluded material (as defined in section 11 of that Act);
c
special procedure material (as defined in section 14 of that Act).
6
If an item is seized from premises in the exercise of powers conferred by a search warrant, the authorised person executing the warrant—
a
must make reasonable efforts to give a notice to a person who appears to be the occupier of the premises or otherwise to be in charge of the premises (an “affected person”), and
b
if it is not reasonably practicable to do so, must leave a copy of the notice in a prominent place on the premises.
7
A notice under sub-paragraph (6) must—
a
state what has been seized and the reason for its seizure, and
b
specify which registration condition or funding condition the authorised person believes has been breached.
8
An authorised person exercising powers under a search warrant must—
a
make a record of items seized from premises in the exercise of the powers, and
b
if a person who appears to the authorised person to be an affected person in relation to the premises asks for a copy of that record, provide a copy of that record to that person within a reasonable time.
9
An item which is seized in the exercise of powers under a search warrant may be retained as long as is necessary in all the circumstances, including for use as evidence on a prosecution for an offence.
10
An item may not be retained for use as evidence on a prosecution for an offence if a photograph or a copy would be sufficient for that purpose.
11
Nothing in this paragraph confers power to search a person.
Sch. 5 para. 6 in force at 1.4.2018 by S.I. 2018/241, reg. 2(r)