DC Morrison has obtained a search warrant under s.8 PACE 1984 to search an address for stolen property. She wants to execute the warrant at 06:00, believing the suspects are less likely to have disposed of evidence at that time. She considers the time restrictions on executing search warrants under Code B. Which of the following correctly states the position?
- ASearch warrants may be executed at any time of day or night - there are no time restrictions on when a warrant may be executed.
- BSearch warrants may only be executed between 08:00 and 20:00 unless the warrant specifically authorises execution at other times.
- CSearch warrants may be executed between 06:00 and 22:00 - execution outside those hours requires the authority of a superintendent.
- DSearch warrants may only be executed at a reasonable hour unless it appears to the constable that the purpose of the search may be frustrated by waiting - the default is daytime execution but urgent circumstances can justify entry at 06:00.
Show answer and explanation
Under Code B paragraph 6.2, a search warrant should be executed at a reasonable hour unless it appears to the officer that the purposes of the search may be frustrated on an entry at a reasonable hour. There is no fixed time window. "Reasonable hour" generally means daytime but where evidence might be destroyed, entry at 06:00 may be justified. No superintendent authority is required - the officer executing the warrant makes the assessment.
- A: There are time restrictions - Code B requires execution at a reasonable hour as the default. The absence of a fixed window does not mean warrants can be executed at any time.
- B: There is no fixed 08:00-20:00 window in Code B. The test is reasonable hour, with a discretion to depart where the purpose of the search may be frustrated.
- C: There is no 06:00-22:00 window and no superintendent authority requirement. The test is reasonable hour and the officer makes the assessment.