(6) For provision conferring additional powers to enter and search vessels and aircraft, see section 39.
39Power to enter and search premises
(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.
40Further provision about search warrants
(1) An application for a search warrant may be made without notice being given to persons who might be affected by the warrant.
(2) The application must be supported—
- (a) in England and Wales, by an information in writing;
- (b) in Scotland, by evidence on oath;
- (c) in Northern Ireland, by a complaint on oath.
