Police search of premises with warrant.

The police must comply with the procedural rules set out in police and criminal evidence act 1984 section 15 and 16.

The police must comply with the procedural rules set out in Police and Criminal Evidence Act 1984 Section 15 and 16 if they want to enter premises without the consent of the owner. They will have to apply for a warrant from the Magistrates' court. If this is the case, what the police are looking for is likely to be very important to the investigation of the offence.

Before the magistrate will issue a warrant to the police, they have to make sure that everything is in agreement with the provisions set out in PACE. The police will need to show that:

  • A serious offence has been committed.

  • The material on the premises is likely to be relevant evidence and that it will be admissible in court if the case comes to trial.

  • The occupier of the property is unlikely to consent to the search.

Once a warrant is issued the search must be carried out within three months of issue or within the time-scale stated on the warrant. The search should take place at a reasonable time of day unless there is a good reason not to do so.

 

Citizens Advice - Police powers - AdviceGuide

Your rights - Search of premises under a Magistrate's warrant

A slipshod execution | New Law Journal

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