§ 50 — Powers of entry of premises under warrant

50.—(1) A police officer may apply to a court for a warrant and the court may issue such a warrant if it is satisfied that —(a)

there are reasonable grounds for suspecting that there are, on any premises, documents —(i)

the production of which has been required under section 48; and

(ii)

which have not been produced as required;

(b)

there are reasonable grounds for suspecting that —(i)

there are, on any premises, documents which the police officer has power under section 48 to require to be produced; and

(ii)

if the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed; or

(c)

a police officer or a person assisting the police officer has attempted to enter the premises in the exercise of his or her powers under section 49 but has been unable to do so and that there are reasonable grounds for suspecting that there are, on the premises, documents the production of which could have been required under that section.

(2) A warrant under this section authorises a named officer, and any other persons that the police officer may require to assist him or her, to do all or any of the following:(a)

to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose;

(b)

to search any person on those premises if there are reasonable grounds for believing that that person has in his or her possession any document, equipment or article that has a bearing on the investigation;

(c)

to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application under subsection (1) was granted (the relevant kind);

(d)

to take possession of any document appearing to be of the relevant kind if —(i)

such action appears to be necessary for preserving the document or preventing interference with it; or

(ii)

it is not reasonably practicable to take copies of the document on the premises;

(e)

to take any other step that appears to be necessary for the purpose mentioned in paragraph (d)(i);

(f)

to require any person to provide an explanation of any document appearing to be of the relevant kind or to state, to the best of the person’s knowledge and belief, where it may be found;

(g)

to require any information that is stored in any electronic form and is accessible from the premises and that he or she considers relates to any matter relevant to the investigation, to be produced in a form —(i)

in which it can be taken away; or

(ii)

in which it is visible and legible;

(h)

to remove from those premises for examination any equipment or article that relates to any matter relevant to the investigation.

(3) If, in the case of a warrant under subsection (1)(b), the court is satisfied that it is reasonable to suspect that there are also on the premises other documents relating to the investigation concerned, the warrant may also authorise the actions mentioned in subsection (2) to be taken in relation to any such document.

(4) If possession of any document is taken under subsection (2)(d) or (3), the named officer may, at the request of the person from whom possession of the document was taken, provide such person with a copy of the document.

(5) A named officer may allow any equipment or article that has a bearing on an investigation and that may be removed from any premises for examination under subsection (2)(h) to be retained on those premises subject to any conditions that the named officer may require.

(6) A warrant issued under this section —(a)

must indicate the subject matter and purpose of the investigation; and

(b)

continues in force until the end of one month beginning from the day on which it is issued.

(7) The powers conferred by this section must not be exercised except upon production of a warrant issued under this section.

(8) A person entering any premises by virtue of a warrant under this section may take with the person such equipment as appears to the person to be necessary.

(9) If there is no one at the premises when the named officer proposes to execute such a warrant, the named officer must, before executing it —(a)

take such steps as are reasonable in all the circumstances to inform the occupier of the intended entry; and

(b)

if the occupier is informed, give the occupier or the occupier’s legal or other representative a reasonable opportunity to be present when the warrant is executed.

(10) If the named officer is unable to inform the occupier of the intended entry, the named officer must, when executing the warrant, leave a copy of the warrant in a prominent place on the premises.

(11) On leaving any premises which the named officer has entered by virtue of a warrant under this section, the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as the named officer found them.

(12) Any document of which possession is taken under subsection (2)(d) or (3) may be retained for a period of not more than 3 months.

(13) In this section —“named officer” means a police officer named in the warrant;

“occupier”, in relation to any premises, means a person whom the police officer reasonably believes is the occupier of those premises.

—(1) A police officer may apply to a court for a warrant and the court may issue such a warrant if it is satisfied that —(a)

there are reasonable grounds for suspecting that there are, on any premises, documents —(i)

the production of which has been required under section 48; and

(ii)

which have not been produced as required;

(b)

there are reasonable grounds for suspecting that —(i)

there are, on any premises, documents which the police officer has power under section 48 to require to be produced; and

(ii)

if the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed; or

(c)

a police officer or a person assisting the police officer has attempted to enter the premises in the exercise of his or her powers under section 49 but has been unable to do so and that there are reasonable grounds for suspecting that there are, on the premises, documents the production of which could have been required under that section.

(2) A warrant under this section authorises a named officer, and any other persons that the police officer may require to assist him or her, to do all or any of the following:(a)

to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose;

(b)

to search any person on those premises if there are reasonable grounds for believing that that person has in his or her possession any document, equipment or article that has a bearing on the investigation;

(c)

to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application under subsection (1) was granted (the relevant kind);

(d)

to take possession of any document appearing to be of the relevant kind if —(i)

such action appears to be necessary for preserving the document or preventing interference with it; or

(ii)

it is not reasonably practicable to take copies of the document on the premises;

(e)

to take any other step that appears to be necessary for the purpose mentioned in paragraph (d)(i);

(f)

to require any person to provide an explanation of any document appearing to be of the relevant kind or to state, to the best of the person’s knowledge and belief, where it may be found;

(g)

to require any information that is stored in any electronic form and is accessible from the premises and that he or she considers relates to any matter relevant to the investigation, to be produced in a form —(i)

in which it can be taken away; or

(ii)

in which it is visible and legible;

(h)

to remove from those premises for examination any equipment or article that relates to any matter relevant to the investigation.

(3) If, in the case of a warrant under subsection (1)(b), the court is satisfied that it is reasonable to suspect that there are also on the premises other documents relating to the investigation concerned, the warrant may also authorise the actions mentioned in subsection (2) to be taken in relation to any such document.

(4) If possession of any document is taken under subsection (2)(d) or (3), the named officer may, at the request of the person from whom possession of the document was taken, provide such person with a copy of the document.

(5) A named officer may allow any equipment or article that has a bearing on an investigation and that may be removed from any premises for examination under subsection (2)(h) to be retained on those premises subject to any conditions that the named officer may require.

(6) A warrant issued under this section —(a)

must indicate the subject matter and purpose of the investigation; and

(b)

continues in force until the end of one month beginning from the day on which it is issued.

(7) The powers conferred by this section must not be exercised except upon production of a warrant issued under this section.

(8) A person entering any premises by virtue of a warrant under this section may take with the person such equipment as appears to the person to be necessary.

(9) If there is no one at the premises when the named officer proposes to execute such a warrant, the named officer must, before executing it —(a)

take such steps as are reasonable in all the circumstances to inform the occupier of the intended entry; and

(b)

if the occupier is informed, give the occupier or the occupier’s legal or other representative a reasonable opportunity to be present when the warrant is executed.

(10) If the named officer is unable to inform the occupier of the intended entry, the named officer must, when executing the warrant, leave a copy of the warrant in a prominent place on the premises.

(11) On leaving any premises which the named officer has entered by virtue of a warrant under this section, the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as the named officer found them.

(12) Any document of which possession is taken under subsection (2)(d) or (3) may be retained for a period of not more than 3 months.

(13) In this section —“named officer” means a police officer named in the warrant;

“occupier”, in relation to any premises, means a person whom the police officer reasonably believes is the occupier of those premises.