SCHEDULE 1 - Provisions with r SCHEDULE 1 - Provisions with respect to warrants

Section 35(3) and section 37(4)

1.   Interpretation

In this Schedule –

issuing magistrate, in relation to a warrant, means the magistrate who issues the warrant;

occupier includes a person in charge of premises.

2.   Applications for warrant in standard situation

(1) An application to a magistrate for a warrant is to be in writing.

(2) The magistrate may issue the warrant if satisfied that there are reasonable grounds for doing so.

(3) However, the magistrate must not issue the warrant unless –

(a) the applicant for the warrant sets out the grounds for seeking the warrant; and

(b) the applicant for the warrant has given the magistrate, either orally or in writing, any further information that the magistrate requires concerning the grounds for seeking the warrant; and

(c) the information given by the applicant is verified before the magistrate on oath or by affidavit.

(4) The warrant is to be in such form as the issuing magistrate determines but it must at least specify –

(a) when the warrant is issued; and

(b) the premises it authorises to be entered; and

(c) whether entry is authorised to be made at any time or only during certain hours; and

(d) any conditions that the warrant is subject to; and

(e) when the warrant ceases to have effect.

3.   Warrants may be applied for and issued by telephone, &c., in urgent situations