SCHEDULES

SCHEDULE 3SEARCH WARRANTS: ENGLAND AND WALES AND NORTHERN IRELAND

PART 3EXECUTION OF SEARCH WARRANTS

13Return and retention of warrant

1

A search warrant must be returned to the appropriate person (see sub-paragraph (2))—

a

when the warrant has been executed, or

b

on or before the expiry of the period of one month from the date of its issue, if the warrant is—

i

a specific-premises warrant that has not been executed,

ii

an all-premises warrant, or

iii

a warrant authorising multiple entries.

2

The appropriate person is—

a

in the case of a warrant issued in England and Wales, the designated officer for the local justice area in which the justice of the peace was acting when issuing the warrant;

b

in the case of a warrant issued in Northern Ireland, the clerk of petty sessions for the petty sessions district in which the lay magistrate was acting when issuing the warrant.

3

The appropriate person must retain a search warrant returned under sub-paragraph (1) for 12 months from the date of its return.

4

If during that period the occupier of premises to which the search warrant relates asks to inspect it, the occupier must be allowed to do so.

5

In this paragraph “specific-premises warrant” and “all-premises warrant” have the meaning given by section 39(3).