Legal Aspects of Money and Search Warrants

Money Warrants

• A money warrant is a legal document issued when a defendant fails to pay a fine.
• There are two types of money warrants:
  • Monetary penalty warrant: This empowers the police to collect the full outstanding payment or arrest the defendant and take them to prison.
  • Default fine warrant: This empowers the police to collect the full outstanding payment, arrest the defendant and have them enter into a court recognizance to appear at a Fine Default Court, or convey them to the next sitting court.

Search Warrants

• A search warrant is issued when the police or an authorised person applies to a lay magistrate or judge for authority to search premises for articles or persons connected to an investigation.
• The police must have reasonable grounds to believe that the items are on the premises to justify an application for a search warrant.
• The applicant must identify, as far as practicable, the articles or persons sought and the legislation being used.
• There are several forms used for search warrant applications:
  • PACE 5: Used for warrants under specific legislation other than Article 10 PACE.
  • PACE 5A: Used for warrants under Article 10 PACE.
  • PACE 5B: Used when intelligence forms the basis of the application.
  • PACE 6: Warrant form completed in triplicate.
• The completed search warrant application (PACE 5 or PACE 5A) is presented to a police officer, of at least the rank of Inspector, for authorisation.
• Authorisation for the warrant is obtained either from a Judge or Lay Magistrate.
• Officers should only contact Lay Magistrates for urgent warrants.
• In all other circumstances, officers should contact the relevant Magistrates Court before 10:00hrs.
• Officers should notify the court office beforehand of the pending application.

Executing Search Warrants

• The officer in charge of the search signs the warrant, which may be the investigating officer or the search team leader.
• When executing a warrant, the officer must identify themselves to the householder, produce evidence of identity if in plain clothes, and provide a copy of the warrant.
• A PACE 20 form must also be completed and a copy given to the householder.
• If premises are unoccupied, the officer can search if they are satisfied it is the right address.
• A copy of the warrant, PACE 20, and PACE 1A must be left in a prominent place.

Safeguards

• Article 17 and 18 of the PACE (NI) order provide guidelines for obtaining and executing warrants.
• Breaches of these articles could render the warrant unlawful.
• Code of Practice B from the PACE Codes of Practice focuses on searching premises and seizing property.
• Searching premises impacts human rights, particularly Article 8, the right to respect for private and family life.
• Adhering to Article 17 and 18 of PACE ensures compliance with human rights principles.

Obtaining Search Warrants

• Power in specific legislation:
  • Section 25 of the Theft Act (NI) 1969
  • Section 23 of the Misuse of Drugs Act 1971
  • Article 8 of the Criminal Damage (NI) Order 1977
  • Article 52 of the Firearms (NI) Order 2004
• No power in legislation:
  • Use Article 10 PACE to apply for a search warrant if the following criteria are met:
    • An indictable or hybrid offence has been committed.
    • The material is likely to be of substantial value to the investigation.
    • The specified material is on the premises to be searched.
    • The material does not include items subject to legal privilege, excluded material, or special procedure material.

Search Warrant Paperwork

• PACE 5: Complaint to obtain a warrant to enter and search.
• PACE 5A: Complaint to obtain a warrant to enter and search.
• PACE 5B: Intelligence form.
• PACE 6: Warrant.
• PACE 20: Notice of Powers and rights.
• PACE 1A: Search record.

This quiz covers the legal definitions and differences between money warrants and search warrants. It explains the types of money warrants and the requirements for police to obtain a search warrant. Test your knowledge on these important legal documents and their applications in law enforcement.