Execution of a Warrant Flashcards
The relevant authority on when warrants should be executed is…
Section 16 PACE.
Time frame of search warrant
The search warrant must be executed (carried out) within the time frame stated on the warrant and, in any case, within 3 months of the date of its issue at court.
If the occupier is present at the time the premises are entered and searched, what must happen?
If no one is present?
The constable must identify themselves, if not in uniform by producing documentary evidence, must produce the warrant and supply the occupier with a copy.
If no-one is present, then a copy of the warrant must be left in a prominent place on the premises.
What happens when the search warrant is executed or expired (whichever is sooner)?
The warrant must be suitably endorsed and returned to the issuing court. The court will keep the warrant for 12 months. If during that 12 months period the occupier of the premises to which the warrant relates asks to inspect the warrant, he/she shall be allowed to do so.
