(d)

to identify, so far as is practicable, the articles or persons to be

sought; and

to specify the matters set out in M[2.20A] below.

e)

M[2.20A]

The matters whi h must be specified as in (d) above are:

(a) if the application relates to one or more sets of premises specified in

the application, each set of premises which it is desired to search and

enter

if the' application relates to any premises occupied or controlled by

a person specified in the application:

(i) as many sets of premises which it is desired to enter and

search as it is reasonable practicable to specify;

the person who is in occupation or control of those premises

and any others which it is desired to enter and search;

why it is necessary to search more premises than those

specified under (i) above; and

why it is not reasonably practicable to specify al l the prem ses

which it is desired to enter and search.

(b)

(ii)

(iii)

(iv)

In Redknapp v Comr of the City of London Police Department [2008)

EWHC 1177 (Admin) it was stressed that all the necessary material to

justify the grant of a search warrant should be contained in the information

provided in the relevant pro forma. If the magistrate, on an application

under s 8 requires any further information in order to satisfy himself that

the warrant was justified, a note should be made of the additional

information so that there was a proper record of the full basis upon which

the warrant has been granted.

M[2.2:1]

(4) The constable must answer on oath any questions which the magistrate

may ask him. Apart from questions designed to ensure that the grounds for

the application have been made out, eg under the Theft Act

1968,

s 26, the

magistrate might usefully inquire whether the officer has had the same

application previously refused by another magistrate. The police cannot

'shop around' for a magistrate willing to sign the warr~nt. A second.

application can only be made where It IS based on additional grounds.

Finally, there is a discretion whether to issue a warrant.

M[2.22]

(5) The police will usually have prepared a warrant and two copies

beforehand. If he is prepared to issue the warrant, the magistrate should

read it carefully and check that it covers the matters referred to in (3) above.

M[2.23]

(6) The justices' clerk should retain the information and the police I?ust

forward to him, after three months at the latest, the warrant either

unexecuted or endorsed as to whether the articles or persons sought were

found; and whether any articles were seized, other than the articles which

were sought.

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M[2.24]

(7) A note of reasons for grant or refusal should be retained

4 Procedure for warrants issued to persons other than

police officers

M[2.25]

The provisions outlined above might usefully be taken into account where

relevant. For non-police warrants the information is laid on oath. The

applicant will.usu~lly produce a prepared information and swear to it in the

following word : I swear by Almighty God that this ISmy information and

that the contents thereof are true to the best of my knowledge and belief.'

If he p~efers It, he n;ay substitute forthe words, 'Iswear by Almighty God

. .. the words, I solemnly and sincerely declare an affirm ... '. If

the wording on the information is not sufficient a further written statement

should be appended to the information.

M[2.26]-[2.30]

As a matter of practice the informant s gns the information and the

clerk.

Warrants of entry for gas and electricity suppliers

M[2.31]

The provisions are complex and are summarised below. It is good practice

for all such applications to be considered at a courthouse in the presence of

a le~al adviser from whom advice may be obtained. Those subject to the

application should receive notification of the date and venue of the

application.

M[2.32]

Applications may be made, for example, for entry to read a meter or to cut

off the supply following non-payment of a bill. An electricity supplier may

cut off the supply where the customer has not paid within 20 working days

of a d~mand 111wnnng and after two working days' notice of the

supplier s intention to do so. However this power is not available where

there IS a .genu1l1e dispute abou . the amount owed. (Note - this procedure

only applies to a bill for electricity supplied and would not include monies

owed on an artic e supplied by way of a credit sale such as a cooker. Nor

is it relevant that there is a genu ne dispute about the quality of service since

the customer may use a separate procedure to obtain compensation.) The

relevant periods where a gas supply is concerned are 28 days after the

demand 111wntlng and seven days' notice of intent to cut off the supply.

M[2.33]

Right of entry. An ~ffice: of the supplier after one working day's notice

(electricity) 24 hours notice (gas) may at all reasonable times, on produc-

non of some duly authenticated document showing his authority, enter the

 

premises for the purpose of cutting off the supply. No notice is required for

entry to read a meter except where a warrant is to be applied for.

M[2.34]

Warrant of entry. No right of entry may be exercised except with the

consent of the occupier of the premises or under the authority of a

justice's warrant (except in cases of emergency).

M[2.35]

Requirements. There must be a sworn information in writing and the

applicant must satisfy the justice:

(a) that admission to the premises is reasonably required for the

specified purpose;

(b) the applicant ha a right of entry to the premises;

(c) the requirements of any relevant enactment have been complied

with; and in particular

(d) the relevant notices have been given, including notice of the hearing.

M[2.36]

The justice might also ensure that:

(e) there is no genuine dispute about the amount owed; and

(f) the amount owed is in respect of the supply of gas or electricity.

M[2.37]

Code of practice. Gas and electricity suppliers operate a Code of Practice

(of which the clerk of the justices may be able to supply a copy) under

which it is undertaken to provide assistance to domestic customers to meet

their bills and the suppliers may refrain from cutting off the supply from

those who are particularly vulnerable during the winter months; neverthe-

outlined above.

M[2.38]

Duty to repair damage etc. Where a right of entry has been exercised the

supplier must ensure that the premises concerned are left no less secure by

reason f the entry and must make good or pay compensation for any

damage caused in entering the premises or making them secure.

5 The warrant

M[2.39]

If the magistrate is satisfied with the application he will sign the warrant

(which will normally have been prepared in advance by the applicant). This

is handed back to the applicant and is his authority to enter and search etc.

A magistrate who has issued a search warrant should ay nothing to anyone

about it, not even to a member of his own family. This is so that no

suspicion falls on him in the event that it may appear that the occupier of

the premises was expecting a search.

6 Who may sign

M[2.40]-[2.45]

Any magistrate may sign a search ~arrant pro'

Supplemental List (le retired from active work on