Applying for and obtaining a search warrant

Question 1

Outlines the stages and main considerations in obtaining a warrant:

Answer 1

1. Gather information and intelligence
2. Complete the warrant application and information
3. Inspectors authority
   - Submit your completed application and information to an Inspector for their written authority (most senior will suffice).
4. Attend court
   - Force policy will dictate how to make court arrangements and applications for out of hours warrants.
5. Make applications to the magistrate
   - Magistrates read application and information and may ask questions. This takes place in closed court or chambers.

Question 2

Requirements of Section 15 PACE (and Section 16) when applying for a warrant

Answer 2

Relevant to ALL search warrants irrespective of the statute they are issued under.

Section 15 dictates the procedure of acquiring a warrant from a Magistrate and what a constable must include in his/her application (e.g. to state the ground on which an application is being made and the enactment under which the warrant should be issues)

Section 15 also dictates what information a constable must include in his/her application as these must be shown on the warrant itself. This is:

• the name of the person applying for the warrant,
• the date on which it was issued,
• which piece of legislation it was made under,
• the premises to be searched*,
• the articles sought so far as is practicable.

*Section 8 PACE warrants allows for applications to search ‘all premises’ occupied or controlled by an individual, and / or for multiple entries into the same premises. In these instances, the information and the warrant need to state the name of the person in occupation or control of the premises, together with as much information as possible to identify the premises.

Question 3

Section 15 also states how many copies of a warrant you shall be able to make.

Answer 3

Whilst in practice (e.g. due to copies held on IT systems) things may happen differently, legislation states that “two copies shall be made of a warrant which specifies only one set of premises and does not authorise multiple entries; and as many copies as a reasonably required may be made of any other kind of warrant”.

Question 4

Many warrants only authorise entry into one premise and on one occasion, but others can authorise entry and search to multiple premises and entry into the same premises on more than one occasion subject to any maximum number of entries specified on the warrant.

Answer 4

As such, they are often the favoured warrants of neighbourhood officers as they offer this extra level of flexibility.

It is important to ensure you are clear about what you are asking for, what your grounds for doing so are and, if applicable, why you deem it necessary to search multiple premises or search premises more than once.

Note, that if you are granted a warrant with multiple entries into the same premises then any second search of a premise will require written approval from an inspector or above before these additional entry and searches can be carried out.