(3) A person applying for a search warrant must answer on oath any question that the justice hearing the application asks the person.
In the case of an application made by a procurator fiscal, that requirement may be met by a relevant enforcement officer.
(4) A search warrant may be executed by any relevant enforcement officer.
(5) A search warrant may authorise persons to accompany any relevant enforcement officer who is executing it.
(6) A person authorised under subsection (5) to accompany a relevant enforcement officer may exercise any power conferred by sections 39 to 45 which the officer may exercise as a result of the warrant.
But the person may exercise such a power only in the company of, and under the supervision of, a relevant enforcement officer.
(7) Schedule 3 contains further provision about—
- (a) applications for search warrants made in England and Wales or Northern Ireland, and
- (b) search warrants issued in England and Wales or Northern Ireland.
(8) An entry on or search of premises under a search warrant issued in England and Wales or Northern Ireland is unlawful unless it complies with the provisions of Part 3 of that Schedule (execution of search warrants).
41Powers of examination, etc
(1) This section applies where a relevant enforcement officer is exercising a power of search conferred by section 37, 38 or 39 in relation to any premises.
(2) The officer may examine anything that is in or on the premises.
(3) The officer may carry out any measurement or test of anything which the officer has power under this section to examine.
(4) The power conferred by subsection (3) includes power to take a sample from any live plant.
(5) For the purpose of exercising—
- (a) a power of search conferred by section 37, 38 or 39, or
- (b) any power conferred by this section,
the officer may, so far as is reasonably necessary for that purpose, break open any container or other locked thing.
(6) The officer may require any person in or on the premises to afford such facilities and assistance with respect to matters under that person’s control as the officer considers would facilitate the exercise of—
- (a) a power of search conferred by section 37, 38 or 39, or
- (b) any power conferred by this section.
(7) Nothing in this section confers any power to search a person.
42Power to require production of documents, etc
(1) This section applies where a relevant enforcement officer is exercising a power of search conferred by section 37, 38 or 39 in relation to any premises.
