Search Warrants Flashcards
Practicable in the circumstances (applying for a SW)
If it is practicable in the circumstances to do so then you should apply for a SW even if a warrantless power is available
If it is not practicable in the circumstances then this must be based on RGTB that it is not
Practicable in the circumstances (what to consider)
- is there time to gain approval and apply for a SW
- can the scene be secured (under S.117)
- are reasonable resources (including number of staff) available to minimise risk and ensure safety
- is the EM at risk
- location of the search and who may be present
Why use a SW
- ensures judicial oversight
- protects police and the public
- requires recording and reporting of results
SW process
- gain prior approval
- gain online approval
- gain IO authorisation
- plan and brief SW execution
- execute SW
- report outcomes
- file investigation records
Before making an application you must
1) RGTS an imprisonable offence has been, will be or is about to be committed, and
2) RGTB that the search will find EM in respect of the offence in P, V, OT or facility
3) have checked the target history in NIA for other SW applications/outcomes
4) have assessed the risks in executing
5) have obtained initial approval form supervisor or above Sgt rank
SW risk assessment
- identified
- assessed
- considered in planning how you execute the SW
Who can issue a SW
- issuing officers
- Person authorised by the attorney general
Who are IO
- DC judge
- HC judge
Who are persons authorised by the attorney general
- JP
- community magistrate
- registrar
- deputy registrar
What restrictions can an IO put on a SW
- restrict the time when the SW can be executed
- the occupants of the address to provide reasonable assistance to the officer
- require a report on the SW within a specified time
When will a SW be authorised
The IO must be satisfied with these 2 conditions ensuring they are met before authorising:
- RGTS an offence punishable my 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 P, V or OT
What to do if SW application is refused
- record the IO reasons for refusing to sign
- address the issues and redraft the application
- re-submit to the same IO
If the issues cannot be addressed
- make further enquiries to support your application
- consider whether to continue investigation without the search
- if you believe the reasons for not signing are unjustified, submit a report to legal services for direction
Who can execute a SW
The person to whom it is directed or any constable
How long is a SW valid for
No more than 14 days or 30 days from the date of issue as specified by the IO
