Jurisdiction(s):
United Kingdom

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Key definition

Search warrant definition

What does Search warrant mean? A search warrant is a court authorisation allowing police or other authorised investigators to enter identified premises without the occupier’s consent and to search for, copy and/or seize specified material, usually without prior notice. In practice, it is obtained on an ex parte application supported by sworn information showing reasonable grounds (England & Wales and Northern Ireland under Police and Criminal Evidence legislation and other statutes), probable cause in Scotland (typically under the Criminal Procedure (Scotland) Act 1995 and common law), and statutory authority consistent with Article 40.5 of the Irish Constitution in Ireland (usually via a District...

PACE 1984: Excluded and Special Procedure Material—Definitions, Access Conditions, Production Orders and Search Warrants (England and Wales)

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Practice notes

Section 9 and Schedule 1 to the Police and Criminal Evidence Act 1984 (PACE 1984)

Section 9 and Schedule 1 of PACE 1984 set out a route by which the police may obtain access, for the purposes of a criminal investigation, to material that is not reachable via an application to the magistrates’ court under s 8, namely ‘excluded material’ and ‘special procedure material’. Where the statutory access conditions are satisfied, an application can be pursued to discharge the prosecution’s duty to follow reasonable lines of enquiry, rather than to gather evidence on which the Crown intends to rely. An application under PACE 1984, s 9 and Sch 1 is made to a circuit judge of the Crown Court, seeking either a production order or a search and seizure warrant. For guidance on making applications to obtain excluded material and special procedure material under PACE 1984, s 9 and Sch 1, and on challenging such orders, see Practice Note: Excluded material and special procedure material under PACE 1984—applications and challenges. For guidance concerning Search warrants sought under PACE 1984, s 8, see Practice Note: Obtaining and executing a search warrant under PACE 1984...

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