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Psychoactive Substances Act 2016

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This is the original version (as it was originally enacted).

39Power to enter and search premises

This section has no associated Explanatory Notes

(1)Where a justice is satisfied that the requirements in subsection (4) are met in relation to any premises, the justice may issue a warrant (a “search warrant”) authorising a relevant enforcement officer—

(a)to enter the premises, and

(b)to search them for relevant evidence.

(2)A search warrant may be issued only on the application of—

(a)a relevant enforcement officer, in England and Wales or Northern Ireland;

(b)a relevant enforcement officer or a procurator fiscal, in Scotland.

(3)A search warrant may be either—

(a)a warrant that relates only to premises specified in the warrant (a “specific-premises warrant”), or

(b)in the case of a warrant issued in England and Wales or Northern Ireland, a warrant that relates to any premises occupied or controlled by a person specified in the warrant (an “all-premises warrant”).

(4)The requirements of this subsection are met in relation to premises if there are reasonable grounds to suspect that—

(a)there are items on the premises that are relevant evidence, and

(b)in a case where the premises are specified in the application, any of the conditions in subsection (5) is met.

(5)The conditions referred to in subsection (4)(b) are—

(a)that it is not practicable to communicate with any person entitled to grant entry to the premises;

(b)that it is not practicable to communicate with any person entitled to grant access to the items;

(c)that entry to the premises is unlikely to be granted unless a warrant is produced;

(d)that the purpose of entry may be frustrated or seriously prejudiced unless a relevant enforcement officer arriving at the premises can secure immediate entry to them.

(6)In this Act “relevant enforcement officer” means—

(a)a police or customs officer (see section 36(4)), or

(b)an officer of a local authority.

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