Search Warrant - Authorisation and Execution

Question 1

Who can issue a SW?

Answer 1

IO are the only people who may issue a SW.
An IO may be a:
DCJ
HCJ
Or
any person authorised by the AG such as a:
JP
CM
R
DR

Question 2

When will a SW be authorised?

Answer 2

An IO may authorise a SW for a PVT or F, if they are satisfied that the SW application clearly shows the:
RGTS an offence punishable by imprisonment has been, will be or is about to be committed, and
RGTB that the search will find EM in respect of the offence in the PVOT.

The IO must be personally satisfied that these two conditions have been met before authorising your application.

Question 3

An IO may put restrictions on a SW, including:

Answer 3

Restricting the time when the SW can reasonably be executed.
Requiring the occupier or person in charge of a place to provide reasonable assistance to the officer executing the SW.
Requiring a report on the SW within a specified time.

Question 4

What should you do if the application is refused?

Answer 4

Record the IO reasons for refusing to sign.
Consider the issues raised and if possible re-draft the application, Ensuring you have addressed these issues.
Re-submit the application to the same IO.

Question 5

What should you do if the issues cannot be addressed?

Answer 5

Make further enquiries to support (or otherwise) the application.
Consider whether to continue your investigation without conducting a search.
If the reasons for not signing the SW do not seem justified, submit a report to Legal Services for direction.

Question 6

Who may execute a SW?

Answer 6

The person to whom it is directed or any constable.

Question 7

how long is a SW valid for?

Answer 7

No more than 14 days from the date of issue, as specified by the IO, or
No more than 30 days from the date of the issue, as specified by the IO, if you have justified why this is necessary and the IO is satisfied.

Question 8

When can a SW be executed?

Answer 8

At any time that is reasonable under the circumstances, or

At a restricted time required by the IO as a condition of execution.

Question 9

How often can a SW be executed?

Answer 9

Once, unless
More than one execution is applied for, justified and authorised in the search warrant. You must detail the reason for the multiple entries.

Question 10

When is a SW considered executed?

Answer 10

When you(or any one assisting you);
Have seized the EM specified in the SW, or
Leave the PVOT to be searched and do not return within 4 hours.