Premises: Search with a Warrant

Question 1

What is a warrant?

Answer 1

A warrant is a written authority issued by a magistrate or a judge (Justice of Peace) that directs the person or persons to whom it is addressed to carry out a specific action which is set out in the warrant.

There must be reasonable grounds that an indictable offence has been committed, and that the object of the search is likely to be of substantial value to the investigation.

Question 2

What are the two main types of warrant that you will deal with?

Answer 2

Arrest warrants and Search warrants.

Question 3

What are search warrants?

Answer 3

Search warrants allow officers to enter and search premises for evidence.

Question 4

What gives police the power to enter and search premises for evidence if someone has been arrested for an indictable offence?

Answer 4

Section 18 PACE and Section 32 PACE

Question 5

When are police powers relating to searching premises for evidence effective?

Answer 5

All police powers relating to searching premises for evidence are only effective after arrest.

Question 6

What if you have information that there is evidence of an offence inside some premises, but no one has been arrested, or the premises we want to search are not occupied or controlled by the person under arrest (Sec 18) and / or the person wasn’t arrested on the premises to be searched (Sec 32)?

Answer 6

Where there are no available police powers of entry and search, an officer may be able to apply to a court for a search warrant to search the premises for the evidence.

Question 7

A magistrate can only issue a search warrant to a police officer if there is a legal basis to do so. There are many different statutes available from which the police may apply to a court for a search warrant. The most often used ones by neighbourhood officers are:

Answer 7

• Section 8 of PACE 1984 – search premises for evidence of an indictable offence
• Section 26 Theft Act 1968 – search premises for stolen goods
• Section 23 (3) Misuse of Drugs Act 1971 – search premises for controlled drugs and evidence of drug offences
• Section 5 (2) - Dangerous Dogs Act 1991 – search premises for a dangerous dog

Question 8

Grounds and procedures for applying and carrying out a warrant can be found in…

Answer 8

s 8 of the PACE Act 1984.

Question 9

In order to carry out a warrant, at least one of the following must apply:

Answer 9

There must be reasonable grounds that an indictable offence has been committed, and that the object of the search is likely to be of substantial value to the investigation. In addition to…

• It is not practicable to communication with a person with is entitles to grant entry to the premises or to evidence.
• Entry to the premises will not be granted without warrant; and/ or
• The purposes of a search may be frustatioed or seriously prejudiced uness a constable arriving at the premises can secure immediate entry.

Question 10

What are two main categories of warrant?

Answer 10

A specific premises warrant- applies for just one premesis

All premesis warrant- applies to any premises occupied or controlled by the person specified in the application .

Can both be entered and searched on more than one occasion under the same application.