Clause 104 - Search warrants: premises
Serious Organised Crime and Police Bill
3:00 pm
Mr Andrew Mitchell (Shadow Minister, Economic Affairs; Sutton Coldfield, Conservative)
I beg to move amendment No. 287, in clause 104, page 69, line 40, leave out subsections (2) to (4) and insert—
'(1A) After section 8 (power of justice of the peace to authorise entry and search of premises), insert—
''8A Specific premises and all premises warrants
(1) If on an application made by a constable a judge of the High Court or a Circuit judge is satisfied that there are reasonable grounds for believing—
(a) that a serious arrestable offence has been committed; and
(b) (i) that there is material on one or more premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence (in which case the application is for a specific premises warrant); or
(ii) that there is material on any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified) which is likely to be of substantial value (whether by itself or together with other material) to the investigations of the offence (in which case the application is for an all premises warrant); 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,
he may issue a warrant authorising a constable to enter and search the premises.
(2) Without prejudice to the satisfaction of the requirements set out in subsection (1), no application for an all premises warrant under subsection (1) is to be granted unless a judge of the High Court or a Circuit judge is further satisfied that—
(a) there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material; and
(b) it is not reasonably practicable to specify in the application all the premises which he occupies or controls and which might need to be searched.''.'.