Coroners Act 2006

Appointments, administration, powers, offences and penalties, and technical provisions - Powers

124: Duties when executing warrant under section 122

You could also call this:

"What police must do when searching a place with a warrant"

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When a constable is searching a place, craft, or vehicle under a warrant from section 122, you need to know they must show the warrant when they first enter and if someone asks to see it again. They must also give a copy of the warrant to the owner or person in charge within 5 working days if asked. If the owner is not there, the constable must leave a note with the date, time, and their name. If a constable takes something during the search, they must tell the owner what was taken, why it was taken, and where it will be kept within 5 working days.

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123: Entry and search under warrant under section 122, or

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Part 4Appointments, administration, powers, offences and penalties, and technical provisions
Powers

124Duties when executing warrant under section 122

  1. Every constable executing a warrant under section 122 must produce it for inspection upon initial entry and in response to any reasonable request after that and, when requested by or on behalf of the owner or an occupier of the place, person in charge of the craft, or driver or rider of the vehicle, must provide a copy of the warrant no later than 5 working days after the making of the request.

  2. If the owner or an occupier of the place, person in charge of the craft, or driver or rider of the vehicle being searched is not present at the time of the search, the constable executing the warrant must leave in a prominent position at or in the place, craft, or vehicle being searched a written notice stating the date and time of the execution of the warrant and the name of the constable in charge of the search.

  3. A constable executing the warrant and who removes from the place, craft, or vehicle being searched any information, class of information, document, class of documents, or other thing, must, within 5 working days after the removal, take all reasonable steps to give the person from whose possession or control the information, class of information, document, class of documents, or other thing was taken written notice of—

  4. what has been removed; and
    1. the reasons why it has been removed; and
      1. where it will be kept until it is returned.
        Notes
        • Section 124(1): amended, on , by section 64 of the Coroners Amendment Act 2016 (2016 No 29).
        • Section 124(2): amended, on , by section 64 of the Coroners Amendment Act 2016 (2016 No 29).
        • Section 124(3): amended, on , by section 64 of the Coroners Amendment Act 2016 (2016 No 29).