http://www.legislation.gov.uk/nisi/2007/288/part/III/2007-03-01The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007texttext/xmlenStatute Law Database2024-05-21NORTHERN IRELAND2007-03-01 This Order makes miscellaneous amendments to the Police and Criminal Evidence (Northern Ireland) Order 1989. The Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2007 PART III 71Article 10 of PACE (power of lay magistrate to authorise entry and search of premises) is amended as follows.2In paragraph (1)(a) for “a serious arrestable offence” substitute “ an indictable offence ”.3In paragraph (1)—ain sub-paragraph (b), for “specified in the application” substitute “ mentioned in paragraph (1A) ”,bin sub-paragraph (e), at the end add “ in relation to each set of premises specified in the application ”.4After paragraph (1) insert—1AThe premises referred to in paragraph (1)(b) are—aone or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); orbany premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).1BIf the application is for an all premises warrant, the lay magistrate must also be satisfied—athat because of the particulars of the offence referred to in sub-paragraph (a) of paragraph (1), there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in sub-paragraph (b) of that paragraph; andbthat it is not reasonably practicable to specify in the application all the premises which he occupies or controls and which might need to be searched.1CThe warrant may authorise entry to and search of premises on more than one occasion if, on the application, the lay magistrate is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which he issues the warrant.1DIf it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum..5In paragraph (6) for “a serious arrestable offence” substitute “ an indictable offence ”.81Schedule 1 to PACE (special procedure for access to certain material) is amended as follows.2In paragraph 2(a)(i) for “a serious arrestable offence” substitute “ an indictable offence ”.3In each of paragraphs 2(a)(ii) and 3(a) at the end add “ , or on premises occupied or controlled by a person specified in the application (including all such premises on which there are reasonable grounds for believing that there is such material as it is reasonably practicable so to specify); ”.4In paragraph 3(b) for “the premises” substitute “ such premises ”.5In paragraph 9—ain sub-paragraph (a)(ii), after “fulfilled” insert “ in relation to each set of premises specified in the application ”,bat the end add “ or (as the case may be) all premises occupied or controlled by the person referred to in paragraph 2(a)(ii) or 3(a), including such sets of premises as are specified in the application (an “all premises warrant”) ”.6After paragraph 9 insert—91Article 17 of PACE (search warrants – safeguards) is amended as follows.2In paragraph (2)(a)—aomit “and” at the end of head (i),bat the end of head (ii) insert “ and ”,cafter that head insert—iiiif the application is for a warrant authorising entry and search on more than one occasion, the ground on which he applies for such a warrant, and whether he seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired;.3For paragraph (2)(b) substitute—bto specify the matters set out in paragraph (2A); and.4After paragraph (2) insert—2AThe matters which must be specified pursuant to paragraph (2)(b) are—aif the application relates to one or more sets of premises specified in the application, each set of premises which it is desired to enter and search;bif the application relates to any premises occupied or controlled by a person specified in the application,—ias many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;iithe person who is in occupation or control of those premises and any others which it is desired to enter and search;iiiwhy it is necessary to search more premises than those specified under head (i); andivwhy it is not reasonably practicable to specify all the premises which it is desired to enter and search..5In paragraph (5), at the end add “ unless it specifies that it authorises multiple entries ”.6After paragraph (5) insert—5AIf it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum..7For paragraph (6)(a)(iv) substitute—iveach set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under his occupation or control which can be specified and which are to be searched; and.8For paragraph (7) substitute—7Two copies shall be made of a warrant which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant..101Article 18 of PACE (execution of warrants) is amended as follows.2After paragraph (2) insert—2AA person so authorised has the same powers as the constable whom he accompanies in respect of—athe execution of the warrant; andbthe seizure of anything to which the warrant relates.2BBut he may exercise those powers only in the company of, and under the supervision of, a constable..3In paragraph (3) for “one month” substitute “ 3 months ”,4After paragraph (3) insert—3AIf the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless a police officer of at least the rank of inspector has in writing authorised them to be entered.3BNo premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless a police officer of at least the rank of inspector has in writing authorised that entry to those premises..5In paragraph (9), after sub-paragraph (b) add “ and, unless the warrant is a warrant specifying one set of premises only, he shall do so separately in respect of each set of premises entered and searched, which he shall in each case state in the endorsement. ”.6For paragraph (10) substitute—10A warrant shall be returned to the appropriate person mentioned in paragraph (10A)—awhen it has been executed; orbin the case of a specific premises warrant which has not been executed, or an all premises warrant, or any warrant authorising multiple entries, upon the expiry of the period of 3 months referred to in paragraph (3) or sooner.10AThe appropriate person is—aif the warrant was issued by a lay magistrate, the clerk of petty sessions for the petty sessions district in which the magistrate was acting when he issued the warrant;bif it was issued by a judge, the appropriate officer of the court from which he issued it..7In paragraph (12), for “the premises” substitute “ premises ”.111Article 19 of PACE (entry for purposes of arrest, etc.) is amended as follows.2In paragraph (1)(b) for “arrestable” substitute “ indictable ”.3After paragraph (1)(b) insert—baof arresting a person for an offence under Article 15 of the Road Traffic (Northern Ireland) Order 1995 (driving while under influence of drink or drugs) or Article 180(1) of the Road Traffic (Northern Ireland) Order 1981 (NI 1);bbof arresting a person for an offence to which Article 42(8) of the Diseases of Animals (Northern Ireland) Order 1981 applies;.121Article 20 of PACE (entry and search after arrest) is amended as follows.2In paragraph (1) for “arrestable” (in both places) substitute “ indictable ”.131Article 23 of PACE (access and copying) is amended as follows.2At the end add—9The reference to a constable in paragraphs (1), (2), (3)(a) and (5) include a person authorised under Article 18(2) to accompany a constable executing a warrant..141Article 24 of PACE (retention) is amended as follows.2At the end add—7The reference in paragraph (1) to anything seized by a constable includes anything seized by a person authorised under Article 18(2) to accompany a constable executing a warrant..