Legislation – The Criminal Procedure Rules 2020

This rule applies where an applicant wants a magistrates’ court to issue a warrant or warrants under section 8 of the Police and Criminal Evidence Act 19841130.

(2)

As well as complying with rule 47.26, the application must—

(a)

specify the offence under investigation (and see paragraph (3));

(b)

so far as practicable, identify the material sought (and see paragraph (4));

(c)

specify the premises to be searched (and see paragraphs (5) and (6));

(d)

state whether the applicant wants the premises to be searched on more than one occasion (and see paragraph (7)); and

(e)

state whether the applicant wants other persons to accompany the officers executing the warrant or warrants (and see paragraph (8)).

(3)

In relation to the offence under investigation, the application must—

(a)

state whether that offence is—

(i)

an indictable offence, or

(ii)

a relevant offence as defined in section 28D of the Immigration Act 19711131; and

(b)

explain the grounds for believing that the offence has been committed.

(4)

In relation to the material sought, the application must explain the grounds for believing that that material—

(a)

is likely to be of substantial value to the investigation (whether by itself, or together with other material);

(b)

is likely to be admissible evidence at trial for the offence under investigation; and

(c)

does not consist of or include items subject to legal privilege, excluded material or special procedure material.

(5)

In relation to premises which the applicant wants to be searched and can specify, the application must—

(a)

specify each set of premises;

(b)

in respect of each set of premises, explain the grounds for believing that material sought is on those premises; and

(c)

in respect of each set of premises, explain the grounds for believing that—

(i)

it is not practicable to communicate with any person entitled to grant entry to the premises,

(ii)

it is practicable to communicate with such a person but it is not practicable to communicate with any person entitled to grant access to the material sought,

(iii)

entry to the premises will not be granted unless a warrant is produced, or

(iv)

the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

(6)

In relation to premises which the applicant wants to be searched but at least some of which the applicant cannot specify, the application must—

(a)

explain the grounds for believing that—

(i)

because of the particulars of the offence under investigation it is necessary to search any premises occupied or controlled by a specified person, and

(ii)

it is not reasonably practicable to specify all the premises which that person occupies or controls which might need to be searched;

(b)

specify as many sets of premises as is reasonably practicable;

(c)

in respect of each set of premises, whether specified or not, explain the grounds for believing that material sought is on those premises; and

(d)

in respect of each specified set of premises, explain the grounds for believing that—

(i)

it is not practicable to communicate with any person entitled to grant entry to the premises,

(ii)

it is practicable to communicate with such a person but it is not practicable to communicate with any person entitled to grant access to the material sought,

(iii)

entry to the premises will not be granted unless a warrant is produced, or

(iv)

the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

(7)

In relation to any set of premises which the applicant wants to be searched on more than one occasion, the application must—

(a)

explain why it is necessary to search on more than one occasion in order to achieve the purpose for which the applicant wants the court to issue the warrant; and

(b)

specify any proposed maximum number of occasions.

(8)

In relation to any set of premises which the applicant wants to be searched by the officers executing the warrant with other persons authorised by the court, the application must—

(a)

identify those other persons, by function or description; and

(b)

explain why those persons are required.

[Note. Under section 8 of the Police and Criminal Evidence Act 1984, where there are reasonable grounds for believing that an indictable offence has been committed a constable may apply to a justice of the peace for a warrant authorising a search for evidence on specified premises, or on the premises of a specified person. Under section 8(6) of the 1984 Act, section 8 applies also in relation to relevant offences as defined in section 28D(4) of the Immigration Act 1971 (some of which are not indictable offences).

Under section 23 of the 1984 Act1132, ‘premises’ includes any place, and in particular any vehicle, vessel, aircraft or hovercraft, any offshore installation, any renewable energy installation and any tent or moveable structure.

Under section 16(3) of the 1984 Act1133, entry and search under a warrant must be within 3 months from the date of its issue.

See also the code of practice for the search of premises issued under section 66 of the 1984 Act1134.

The Practice Direction sets out forms of application and warrant for use in connection with this rule.]