Section 98 | Power to enter dwelling subject to warrant

(1)An enforcement officer may not by virtue of section 97 enter any dwelling unless a justice has issued a warrant authorising the officer to enter the dwelling.

(2)A justice may issue a warrant under this section only if, on an application by the officer, the justice is satisfied—

(a)that the officer has reasonable grounds to believe that—

(i)there are documents in the dwelling which for any enforcement purpose the officer wishes to inspect, examine or seize, or

(ii)there is computer or other equipment in the dwelling to which the officer wishes to have access for any enforcement purpose, and

(b)that any of the conditions in subsection (3) is satisfied.

(3)The conditions are—

(a)that it is not practicable to communicate with any person entitled to grant entry to the dwelling;

(b)that it is not practicable to communicate with any person entitled to grant access to the documents or equipment;

(c)that entry to the dwelling is unlikely to be granted unless a warrant is produced;

(d)that the purpose of entry may be frustrated or seriously prejudiced unless an enforcement officer arriving at the dwelling can secure immediate entry to it.

(4)In this section—

“enforcement purpose” has the same meaning as in section 97;

“justice” means—

in relation to England and Wales, a justice of the peace;

in relation to Scotland, a sheriff or summary sheriff;

in relation to Northern Ireland, a lay magistrate.

(5)For further provision about warrants under this section, see section 131 and Schedule 8.