Clause 105 - Search warrants: other amendments
Serious Organised Crime and Police Bill
3:30 pm
Mr Andrew Mitchell (Shadow Minister, Economic Affairs; Sutton Coldfield, Conservative)
I beg to move amendment No. 289, in clause 105, page 72, line 1,
leave out subsection (2) and insert—
'(1A) After section 8 (power of justice of the peace to authorise entry and search of premises), insert—
''8B Search warrants and multiple entries
(1) Any warrant granted under section 8 or section 8A may authorize entry to and search of premises on more than one occasion if, on the application, a judge of the High Court or a Circuit judge is satisfied that it is necessary to authorize multiple entries in order to achieve the purpose for which he issues the warrant.
(2) No warrant issued under section 8B(1) may specify more than three entries to the same premises under a period of 28 days.
(3) Where a warrant authorizes multiple entries, the number of entries must be limited to a maximum of two further entries to the same premises within a period of 28 calendar days from the date when the first entry took place.''.'.
I notice that the amendment is listed in the amendment paper as having been tabled by a Mr. Andrew McKenzie. I could develop a bit of a complex, although I am resisting it, because a speech that I made in Westminster Hall last week, when the Minister responded for the Government, did not even appear in Hansard the following day, as I saw when I turned somewhat nervously to read it.
I can speak to the amendment quickly, because much of my point has already been made. It is similar to amendment No. 287. I do not need to labour the point; we are anxious to protect our constituents with the necessary privacy and safeguards. The amendment deals with the permission granted to the police in clause 105 to re-enter premises after a search warrant has been executed. There are good reasons in practice for permitting multiple entries under the same search warrant, but as with clause 104, the provisions represent a significant further increase in the invasive powers of the police. For that reason, we wanted to test whether a higher court should make the necessary judgment. The number of multiple entries under the same search warrant needs to be restricted to a maximum of two further entries during 28 days from the date of entry. Can the Minister satisfy me on this clause as she did on the last?