3 Search warrants and production orders

3.1 When information appears to justify an application, the officer must take reasonable steps to check the information is accurate, recent and not provided maliciously or irresponsibly. An application may not be made on the basis of information from an anonymous source if corroboration has not been sought. (See Note 3A.)

3.2 The officer shall ascertain as specifically as possible the nature of the articles concerned and their location.

3.3 The officer shall make reasonable enquiries to:

(i) establish if:

anything is known about the likely occupier of the premises and the nature of the premises themselves;

the premises have been searched previously and how recently;

(ii) obtain any other relevant information.

3.4 An application:

(a) to a justice of the peace for a search warrant or to a Circuit judge for a search warrant or production order under PACE, Schedule 1 must be supported by a signed written authority from an officer of inspector rank or above:

Note: If the case is an urgent application to a justice of the peace and an inspector or above is not readily available, the next most senior officer on duty can give the written authority.

(b) to a circuit judge under the Terrorism Act 2000, Schedule 5 or a judge under the National Security Act 2023, Schedule 2 for:

a production order;

search warrant; or

an order requiring an explanation of material seized or produced under such a warrant or production order

must be supported by a signed written authority from an officer of superintendent rank or above.

3.5 Except in a case of urgency, if there is reason to believe a search might have an adverse effect on relations between the police and the community, the officer in charge shall consult the local police/community liaison officer:

before the search; or

in urgent cases, as soon as practicable after the search.

3.6 A search warrant application must be supported in writing, specifying:

(a) the enactment under which the application is made (see Note 2A);

(b) (i) whether the warrant is to authorise entry and search of:

one set of premises; or

if the application is under PACE section 8, or Schedule 1, paragraph 12, NSA 2023 Schedule 2, paragraphs 2 or 9; or TACT 2000 Schedule 5 paragraphs 1 or 11, more than one set of specified premises or all premises occupied or controlled by a specified person, and

(ii) the premises to be searched;

(c) the object of the search (see Note 3B);

(d) the grounds for the application, including, when the purpose of the proposed search is to find evidence of an alleged offence, an indication of how the evidence relates to the investigation;

(da) Where the application is under PACE section 8, or Schedule 1, paragraph 12; NSA 2023 Schedule 2, paragraphs 2 or 9; or TACT Schedule 5 paragraphs 1 or 11; for a single warrant to enter and search:

(i) more than one set of specified premises; the officer must specify each set of premises which it is desired to enter and search;

(ii) all premises occupied or controlled by a specified person; the officer must specify;

as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;

the person who is in occupation or control of those premises and any others which it is desired to search;

why it is necessary to search more premises than those which can be specified, and

why it is not reasonably practicable to specify all the premises which it is desired to enter and search;

(db) Whether an application under PACE section 8 is for a warrant authorising entry and search on more than one occasion, and if so, the officer must state the grounds for this and whether the desired number of entries authorised is unlimited or a specified maximum;

(e) That there are no reasonable grounds to believe the material to be sought, when making application to a:

(i) justice of the peace or a Circuit judge consists of or includes items subject to legal privilege;

(ii) justice of the peace, consists of or includes excluded material or special procedure material;

(ea) That, in the case of applications under powers in the National Security Act 2023, there are no reasonable grounds to suspect the material to be sought, when making application to a:

(i) justice of the peace consists of or includes confidential material;

(ii) judge entitled to exercise the jurisdiction of the Crown Court includes items subject to legal privilege;

Note: this does not affect the additional powers of seizure in the Criminal Justice and Police Act 2001, Part 2 covered in paragraph 7.7 (see Note 3B).

(f) if applicable, a request for the warrant to authorise a person or persons to accompany the officer who executes the warrant. (See Note 3C.)

3.7 A search warrant application under PACE, Schedule 1, paragraph 12(a), shall if appropriate indicate why it is believed service of notice of an application for a production order may seriously prejudice the investigation. Applications for search warrants under the Terrorism Act 2000, Schedule 5, paragraph 11 and the National Security Act 2023, Schedule 2, paragraph 9 must indicate why a production order would not be appropriate.

3.8 If a search warrant application is refused, a further application may not be made for those premises unless supported by additional grounds.

3A The identity of an informant need not be disclosed when making an application, but the officer should be prepared to answer any questions the magistrate or judge may have about:

the accuracy of previous information from that source, and

any other related matters

3B The information supporting a search warrant application should be as specific as possible, particularly in relation to the articles or persons being sought and where in the premises it is suspected they may be found. The meaning of ‘items subject to legal privilege’, ‘excluded material’ and ‘special procedure material’ are defined by PACE, sections 10, 11 and 14 respectively. ‘Confidential material’ is defined in the National Security Act 2023, paragraph 17 of Schedule 2.

3C Under PACE, section 16(2), a search warrant may authorise persons other than police officers to accompany the constable who executes the warrant. This includes, e.g. any suitably qualified or skilled person or an expert in a particular field whose presence is needed to help accurately identify the material sought or to advise where certain evidence is most likely to be found and how it should be dealt with. It does not give them any right to force entry, but it gives them the right to be on the premises during the search and to search for or seize property without the occupier’s permission.