ABSTRACT
The grounds on which a warrant may be issued are specified in section 8 of PACE which provides, in part, that a justice of the peace ‘is satisfied’ [from the application made by the police] that ‘there are reasonable grounds for believing’ that:
• an indictable offence has been committed; • that there is material likely to be of substantial value to the investigation of the offence; • that material is likely to be relevant evidence; • that it does not consist of or include items subject to legal privilege,74 or excluded
material of special procedure material;75
• that any of the conditions below applies. The conditions include the fact that it is impracticable to communicate with any person entitled to grant entry to the premises or grant access to the evidence or that entry will be denied unless a warrant is produced or that the purpose of the search will be frustrated or seriously prejudiced unless an officer can secure immediate entry to them.76 Once a search is authorised, a constable may seize and retain any evidence relating to the search.77
