Page:Police and Criminal Evidence Act 1984.pdf/16

10c. 60 Search warrants

8.—(1) If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing—
 * (a) that a serious arrestable offence has been committed; and
 * (b) that there is material on premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and
 * (c) that the material is likely to be relevant evidence; and
 * (d) that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and
 * (e) that any of the conditions specified in subsection (3) below applies,

he may issue a warrant authorising a constable to enter and search the premises.

(2) A constable may seize and retain anything for which a search has been authorised under subsection (1) above.

(3) The conditions mentioned in subsection (1)(e) above are—
 * (a) that it is not practicable to communicate with any person entitled to grant entry to the premises;
 * (b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;
 * (c) that entry to the premises will not be granted unless a warrant is produced;
 * (d) that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

(4) In this Act “relevant evidence”, in relation to an offence, means anything that would be admissible in evidence at a trial for the offence.

(5) The power to issue a warrant conferred by this section is in addition to any such power otherwise conferred.

9.—(1) A constable may obtain access to excluded material or special procedure material for the purposes of a criminal investigation by making an application under Schedule 1 below and in accordance with that Schedule.