Part II Powers of Entry, Search and Seizure (ss 8-23)
Part II Powers of Entry, Search and Seizure (ss 8-23)

8 Power of justice of the peace to authorise entry and search of premises

(1)     If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing—

(a)     that [an indictable offence] has been committed; and

(b)     that there is material on premises [mentioned in subsection (1A) below] which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and

(c)     that the material is likely to be relevant evidence; and

(d)     that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and

(e)     that any of the conditions specified in subsection (3) below applies [in relation to each set of premises specified in the application],

he may issue a warrant authorising a constable to enter and search the premises.

[(1A)     The premises referred to in subsection (1)(b) above are—

(a)     one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or

(b)     any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

(1B)     If the application is for an all premises warrant, the justice of the peace must also be satisfied—

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