| Police
Powers of Search
Section
109 copyright, designs and patents act 1988 provides
for the issue of search warrants.
Section
109(1) where a justice of the peace ... Is satisfied
by information on oath given by a constable ...
That there are reasonable grounds for believing
-
(a) that
an offence under section 107(1)(a),(b),(d)(iv)
or (e) has been or is about to be committed in
any premises, and
(b) that
evidence that such an offence has been or is about
to be committed is in those premises, he may issue
a warrant authorising a constable to enter and
search the premises, using such reasonable force
as is necessary.
Section
109(3) a warrant
(a) may
authorise persons to accompany any constable executing
the warrant, and
(b) remains
in force for 28 days from the date of its issue.
Section
109(4) in executing a warrant a constable may
seize an article if he reasonably believes that
it is evidence that any offence under section
107(1) has been or is about to be committed.
Under section
109(5) 'premises' includes land, buildings, moveable
structures, vehicles, vessels, aircraft and hovercraft.
Section
17 of the video recordings act 1984 contains almost
identical provisions concerning the issue of search
warrants save that the 1984 act does not authorise
a constable to be accompanied by anyone who is
not a police officer. However, this is made possible
by virtue of section 15(1) and 16(2) of the police
and criminal evidence act 1984 which together
provide that any warrant may authorise persons
to accompany the constable.
Police
officers are also granted additional powers of
search under section 17(1) and 18(1) of the police
and criminal evidence act 1984. Section 17(1)(b)
provides that a constable may enter and search
premises for the purpose of arresting a person
for an arrestable offence (i.e. An offence carrying
a penalty of not less than 5 years' imprisonment)
and section 18(1) provides that following the
arrest of a suspect for an arrestable offence
any premises under that suspect's occupation or
control may be searched with the written authority
of a police inspector.
2.1
Specimen form of search warrant Copyright, Designs
and Patents Act 1988 or Video Recordings Act 1984
| *copyright, designs
and patents act 1988
*video recordings
act 1984
To each and all
constables of the ... Constabulary whereas
it appears to me ... A stipendiary magistrate/
a justice of the peace
On information
on oath given by ... A constable of the
said force that there are reasonable grounds
for believing that
*an offence under
section 107(1)(a),(b),(d)(iv) or (e) of
the copyright designs and patents act 1984.
*an offence under
section 9(1), 10(1), 11(1), 12(1), 13(1)
or 14(1) of the video recordings act 1984
Has been or is
about to be committed in premises at ...
And that evidence that the said offence
has been committed or is about to be committed
is in the said premises,
This warrant authorises
you at any time within 28 days from the
date here of to enter that said premises
using such reasonable force as is necessary
to search the said premises and to seize
any article if you reasonably believe that
it is evidence that an offence under section
... Of the ... Act has been or is about
to be committed.
This warrant also
authorises [an investigator from fact] to
accompany any constable who is executing
it.
Dated this... Day
of... 19..
Stipendiary magistrate/
justice of the peace
* delete
as appropriate |
|
