ABSTRACT
Section 8 provides that a police officer may apply in writing for a warrant from a justice of the peace if there are reasonable grounds for believing that there is material on premises relating to the committing of a serious arrestable offence which is likely to be of substantial value to the investigation and admissible as evidence in court, and that this is the only means to obtain such evidence. In other words, where it would be impracticable to try to gain entry without a search warrant. This will include instances where the purpose of the search may be frustrated or seriously prejudiced unless the police effect immediate entry. It will also include circumstances where no one can be contacted who has the authority to grant access to the premises or to the required material on those premises, or where consent to enter those premises has already been refused. It therefore follows that a justice of the peace should not issue a search warrant if entry can be gained through the consent of the occupier. Certain items may not be obtained by a search warrant under s 8, but may be obtained through other provisions. These are items subject to legal privilege, excluded material or special procedure material.
