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Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Search warrants - Issuing of search warrant

107: When search warrant invalid

You could also call this:

"When a search warrant is not valid because of mistakes or missing information"

A search warrant is invalid if the information in the application did not meet the requirements set out in section 6 or the relevant enactment in the Schedule at the time it was issued. You can also consider a search warrant invalid if it contains a mistake or error that could confuse someone about what the warrant is for or what it allows. If a warrant is invalid, certain rules like section 204 of the Summary Proceedings Act 1957 or section 379 of the Criminal Procedure Act 2011 do not apply to it.

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Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
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Part 4General provisions in relation to search, surveillance, and inspection powers
Search warrants: Issuing of search warrant

107When search warrant invalid

  1. A search warrant is invalid—

  2. if, having regard to the information contained in the application, the grounds or conditions for lawful issue of a warrant set out in section 6 or, if applicable, the relevant enactment specified in column 2 of the Schedule to which this section applies were not satisfied at the time the search warrant was issued:
    1. if the warrant contains a defect, irregularity, omission, or want of form that is likely to mislead anyone executing or affected by the warrant as to its purpose or scope.

      1. If a warrant is invalid under this section, neither section 204 of the Summary Proceedings Act 1957 nor section 379 of the Criminal Procedure Act 2011 applies to that warrant.