Search warrants for indictable offences Flashcards
Q: What is the law on search warrants for an indictable offence?
s8 PACE
(1) Justice of Peace must be satisfied there are reasonable grounds for believing
(a) an indictable offence has been committed
(b) that there is material on premises 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 doesn’t consist of or include items subject to legal privilege, excluded material or special procedure material
Q: What must the Justice of the Peace be satisfied for to grant an application for an all-premises warrant?
One of the following reasons MUST apply to the premises.
(a) That it is not practicable to communicate with any persons who is entitled to grant entry to the premises
(b) That it is practicable to communicate with a person entitled to grant entry, 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
Q: What does s8 allow for in terms of the number of search warrants?
Allows a constable to apply for 2 different types of search warrant.
1: A specific premises warrant for the search of one set of premises
2: All premises warrant where it is necessary to search all premises occupied or controlled by an individual, but it is not reasonably practicable to specify all such premises at the time of applying for the warrant. The warrant will allow access to all premises occupied or controlled by that person, both which are specified on the application and those which are not.
Q: How many times can you enter the premises?
s8(1c) and (1d) Warrants may authorise entry to and search of premises on one occasion or more than one occasion and if multiple occasions are permitted, these may be unlimited or limited to a specified maximum.
Q: What is the warrant for?
To search for material likely to be of substantial value of the investigation of the indictable offence. It doesn’t authorise officers to seize everything they can find and sift it later hoping to find relevant material (Chesterfield Justices 2000)
Q: Can material which is for intelligence purposes be seized?
Material which is solely of value for intelligence purposes may not be seized under a s8 warrant.
