72Execution of warrant by day or night

#### 72 Execution of warrant by day or night 72 Execution of warrant by day or night (cf [Search Warrants Act 1985](/view/html/repealed/current/act-1985-037), s 19) > > (1A) A covert search warrant may be executed by day or by night. > > > (1) A warrant (other than a covert search warrant) may be executed by day, but must not be executed by night unless the eligible issuing officer, by the warrant, authorises its execution by night. > > > (2) An eligible issuing officer is not to authorise the execution of a warrant by night unless satisfied that there are reasonable grounds for doing so. Those grounds include (but are not limited to) the following— > > > > > (a) the execution of the warrant by day is unlikely to be successful because, for example, it is issued to search for a thing that is likely to be on the premises only at night or other relevant circumstances will only exist at night, > > > > > (b) there is likely to be less risk to the safety of any person if it is executed by night, > > > > > (c) an occupier is likely to be on the premises only at night to allow entry without the use of force. > > > (3) In this section— > > > > by day means during the period between 6 am and 9 pm on any day. > > > > by night means during the period between 9 pm on any day and 6 am on the following day. > > **s 72:** Am 2009 No 8, Sch 1 \[29\]–\[31\].