Territorial Extent Commentary on Sections Section 52: Application for search and seizure warrants
225.This section provides for prior judicial authorisation for powers to search premises for drug-cutting agents and to seize any such agents found on the premises. The term “drug-cutting agent” is defined in section 65(1). The definition is such as to cover any substance that may be used to adulterate a controlled drug in connection with the unlawful supply or exportation of the drug. Accordingly, the definition will cover not only the substances most commonly used as cutting agents – namely, benzocaine, lidocaine and phenacetin – but any substance intended for use in this way which may, potentially, be any powder of a similar colour and consistency as the drug in question. Subsection (1) provides for a justice of the peace (or, in Scotland, a sheriff – see section 65(5)), on an application of a police or customs officer (subsection (4)), to issue a search and seizure warrant. Such a warrant confers authority on a police or customs officer to enter the premises specified in the warrant and search them for substances that appear to be intended for use as drug-cutting agents. To grant such a warrant, the justice of the peace must be satisfied that there are reasonable grounds to suspect that a substance intended for use as a cutting agent is on the relevant premises. In coming to such a judgement, the magistrate would weigh up the information supplied in the application (subsection (6)) or in oral evidence (subsection (7)). The “reasonable grounds to suspect” test is directed solely to the likely presence on the premises and use of the substance as a drug-cutting agent and not to any specific suspected criminal offence. In determining whether the test is satisfied, the court will apply the civil standard of proof, namely on the balance of probabilities. A police or customs officer is defined in subsection (2) and includes an NCA officer.
226.Applications for a warrant may be made without notice to any affected person (for example, the owner or occupier of the premises or the owner of the substances in question) to avoid forewarning such a person of the impending search thereby affording an opportunity to remove or otherwise hide the substances (subsection (5)).
227.As with the provision for search warrants in section 15 of PACE, an application under this section may be for a warrant in relation to a single set of premises (a “specific-premises warrant”) - see subsection (3)(b) - or for an “all-premises warrant” - see subsection (3)(a) - where it is necessary to search all premises occupied or controlled by an individual, but it is not reasonably practicable to specify all such premises at the time of applying for the warrant. An all-premises warrant will allow access to all premises occupied or controlled by that person, both those which are specified on the application, and those which are not (subsection (10)). An application for a warrant must also specify whether the applicant is seeking authorisation for a single entry or multiple entries into the relevant premises (subsection (9)). The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which he issues the warrant, for example in the case of the search of a large warehouse.