CR 6_p17.docx

**SBA POLICE WARRANTS** **TABLE OF DOCUMENT DETAILS** +-----------------------------------+-----------------------------------+ | Title | | +===================================+===================================+ | Reference No...

**SBA POLICE WARRANTS** **TABLE OF DOCUMENT DETAILS** +-----------------------------------+-----------------------------------+ | Title | | +===================================+===================================+ | Reference No | | +-----------------------------------+-----------------------------------+ | Relevant Department or Group | | +-----------------------------------+-----------------------------------+ | Ownership | | +-----------------------------------+-----------------------------------+ | Document Author | | +-----------------------------------+-----------------------------------+ | Approved by | | +-----------------------------------+-----------------------------------+ | Approval Date | | +-----------------------------------+-----------------------------------+ | Implementation Date | | +-----------------------------------+-----------------------------------+ | To be Reviewed Date | | +-----------------------------------+-----------------------------------+ | Last Revised Date | | +-----------------------------------+-----------------------------------+ | Quality Assured by | | +-----------------------------------+-----------------------------------+ | Protective Marking | | +-----------------------------------+-----------------------------------+ | Linked to other | | | | | | Standing Order | | +-----------------------------------+-----------------------------------+ | Relevant Legislation | | +-----------------------------------+-----------------------------------+ | Pages | | | | | | (including this page) | | +-----------------------------------+-----------------------------------+ **TABLE OF CONTENTS** [General](#s1) [Page 3](#s1) [Section 1](#s1) ------------------------------------------------------------------- ----------------- -------------------- [Section 37 of the Criminal Procedure Ordinance](#s2) [Page 3](#s2) [Section 2](#s2) [Time Limitations on Warrants](#s3) [Page 4](#s3) [Section 3](#s3) [Authority Levels to Apply for a Warrant](#s4) [Page 4](#s4) [Section 4](#s4) [Applications](#s5) [Page 6](#s5) [Section 5](#s5) [General -- All Warrants](#s6) [Page 7](#s6) [Section 6](#s6) [Search of Premises and Houses re investigations within RoC](#s7) [Page 8](#s7) [Section 7](#s7) [Search With Consent](#s8) [Page 9](#s8) [Section 8](#s8) [Offenders Removal and Detention Ordinance](#s9) [Page 10](#s9) [Section 9](#s9) [Removal of Person from RoC into the Areas](#s10) [Page 13](#s10) [Section 10](#s10) [Search Warrants](#s11) [Page 14](#s11) [Section 11](#s11) [Miscellaneous Provisions](#s12) [Page 15](#s12) [Section 12](#s12) [Execution of Warrants/Orders Issued by RoC Civil Courts](#s13) [Page 16](#s13) [Section 13](#s13) [Form Templates and Sample Warrants and Applications](#s14) [Page 16](#s14) [Section 14](#s14) [Abbreviations and Glossary](#s15) [Page 17](#s15) [Section 15](#s15) **1.** []{#s1.anchor}**General** 1.1 Numerous Ordinances contain provisions for the Police to apply for search and arrest warrants. Where a specific type of offence is under investigation, we will usually apply for a warrant under the provisions of the relevant legislation. The most commonly used legislation is the Criminal Procedure, which as a principle empowers the Police to apply and secure warrants in relation to any criminal offence.   1.2 Consideration should be given to the specific powers provided by particular Ordinances, for example when investigating drug offences, where it may be desirable to obtain a warrant under the **Drugs Ordinance 16/2006, Section 29**, which also provides powers to issue a warrant for the purpose of searching for evidence relating to drug offences committed outside the SBA's. Another example is a warrant of arrest for an offence under the provisions of the **Violence in the family Ordinance 21/2003**, which provides that whenever a judge is issuing a warrant for an offence under this Ordinance, he has no powers to endorse such a warrant with release conditions and that the suspect on being arrested should be presented before the Court for an application for remand in police custody or to be charged before the Court. Both examples are exemptions to what the Criminal Procedure Ordinance provides in respect of warrants. **2.** []{#s2.anchor}**Section 37 of the Criminal Procedure Ordinance** 2.1 The provisions of the **Criminal Procedure Ord. Section 37** allow the issue of a search warrant where: 2.2 Warrants issued under the provisions of **Section 37 of the Criminal Procedure Ordinance** are the most commonly used warrants and can overcome the issue of multiple offence types being investigated. For example when a drug dealer is believed to be in possession of a firearm and suspected of having receiving stolen goods in payment for drugs, there is an expectation the search to reveal drugs, firearms and stolen goods. It may in these circumstances be most appropriate to apply for a warrant under the said section. **3.** []{#s3.anchor}**Time Limitations on Warrants** 3.1 **Section 39 of the Criminal Procedure Ordinance** provides that search warrants issued under the said ordinance may be executed on any day including a Sunday or public holiday, as provided in Section. They shall be executed between the hours of five o'clock in the morning and eight o'clock at night, but the Judge may, in his discretion, authorise the execution of the warrant at any hour. Every such warrant shall remain in force until it is executed or until it is cancelled by a Judge. 3.2 Where a Judge authorises the execution of a search warrant at any hour other than those detailed above, such authorisation may be contained in the warrant at the time of issue or may be endorsed thereon by any Judge at any time thereafter prior to its execution. **4.** []{#s4.anchor}**Authority Levels to Apply for a Warrant** 4.1 On considering an application for a warrant of search as an appropriate and necessary line of enquiry, the following steps should be taken by the [I.O](#IO). of the case concerned: - - - - - - 4.2 Applications for any crime related warrants will be authorised by the Chief Inspector (O&C) on the advice of the DCM. The latter will be responsible for **considering the evidence justifying the application, check and approve the content of the** application and the warrant and ensure that the intended execution of the warrant is in line with the most effective investigative options, thus allowing best evidence. In the unlike event of urgency when none of the two above are contactable, the most Senior Officer on duty may give authority. The SCC should be consulted if appropriate when an application involves complex or extraordinary legal issues. **5.** []{#s5.anchor}**Applications** 5.1 In the first instance, officers will prepare a written application on the appropriate form. The application should provide adequate description of the evidence and the offences under investigation along with the relevant sections of the law, as well as the grounds to support the application. Any relevant intelligence should be outlined without writing anything on the application that can identify the source. In the case of search warrants, the officer applying should provide as adequate as possible description of the evidence in pursue. This is very important as the above will be compatible with the techniques and methods the search will be based on. Although the Court may direct that disclosure of a search warrant application is not in the Public Interest (see **section 5.2 (e) of the Criminal Procedure (Disclosure) Ordinance**), every effort should be made by the officer preparing the application to avoid including in its content any information that will be directly or indirectly disclosing the intelligence source. 5.2 The time of issue of a warrant is often a point of argument in Criminal proceedings with defendants alleging that a search commenced, or an arrest was effected, prior to the actual time of issue of the warrant concerned. In view of this, on applying for the issue of a warrant, the officer applying should ask the issuing Judge to record on the warrant itself the time of issue. The officer applying should also make a relevant record in his/her pocket book, including the actual time the warrant was granted. **6.** []{#s6.anchor}**General -- All Warrants** 6.1 Officers will not alter or add to any part of the warrant; the issuing Judge should make any alterations if necessary. 6.2 The officer in-charge of the search or the arresting officer, should prior to executing the warrant inform any persons concerned of the warrant. Whilst search warrants may be executed in the absence of tenants, it is desirable that a copy of the warrant is shown to persons concerned when they are available at the search place. 6.3 Whenever a warrant is executed, the executing officer should endorse it on the reverse with details regarding the times and dates executed. In the event of an arrest warrant, the place should also be written, and on the occasion of a search warrant, a mention should be made as to whether anything was found upon and seized or not. The original warrant should then be returned to the respective Court through the divisional [CJU](#CJU). Copies of warrants and relevant applications should be retained and recorded as a general rule as unused material. 6.4 Officers in-charge of search operations should always consider the opportunity to direct sketch plan drawing of the premises being searched. Such sketch plans are always useful intelligence for any relevant future operations. **7.** []{#s7.anchor}**Search of Premises and Houses Re Investigations within the RoC** 7.1 Quite often [CyPol](#CyPol) are requesting search of premises or houses situated in the Sovereign Base Areas, in connection with cases initiated in the territories of the RoC. 7.2 It should be emphasised that the Laws of the SBA's (**Section 37 of the Criminal Procedure Ord.**) empowers the SBA Judge to grant a warrant in connection to offences committed or suspected to have been committed in the Sovereign Base Areas, against the SBA Laws. The only exception to the above is **Section 29 of the Drugs Ordinance 16/2006**, which provides search for documents in connection to a transaction involving drugs that has been committed outside the SBA's. Similarly, the powers of SBA Police Officers to search without warrant apply to those cases where the search is connected to an offence within the territories of the Sovereign Base Areas, against the SBA Laws. The provisions of the law though should not compromise the well founded liaison and cooperation between the two forces and every effort should be made to provide the necessary assistance and cooperation. Like all requests from CyPol for assistance in their investigations, search at places, premises and houses within the SBA's in connection to such investigations should be given priority and every effort to be made so that legal avenues to facilitate such enquiries should be found. The DCM or the SCC may provide advice on relevant legal issues and assist in discovering those elements which are required for the legal justification of such warrant applications. 7.3 Once information is received from CyPol, the provisions in [Section 15 of the S.O CR 1](https://modgovuk.sharepoint.com/:w:/r/teams/25468/STANDING%20ORDERS%202023/Standing%20Orders%202023%20onward/CRIME%20INTELLIGENCE%20SAFEGUARDING/CRIME/CR%201.docx?d=w350011853bab4f1fbf46f9f09b665858&csf=1&web=1&e=n5LPbu) concerning intelligence recording and researching, should be applied. An Officer nominated by the Divisional Chief Inspector (O&C) should be given ownership of the enquiry. If the intended search is proven fruitful, the said officer should normally continue performing the role of the I.O. in connection with the offences against the SBA Law, as directed by the DCM. **8.** []{#s8.anchor}**Search With Consent** 8.1 Officers are not encouraged to conduct searches with consent, because Police officers cannot enter and search or continue to search premises if consent is withdrawn before the search is completed. On those exceptional occasions though, which usually relate to the investigation of minor criminal offences, the following principles should be applied: - - - - - **9.** []{#s9.anchor}**Offenders Removal and Detention Ordinance** 9.1 The "Offenders Removal and Detention" Ordinance 19 of 2016 and associated "Procedure Rules" relate to Cypol "requests" to SBA Police for the arrest of persons who may be within the jurisdiction of the SBA's. The Ordinance provides that an SBA Police Officer may execute an Arrest Warrant issued by a Republican Court in accordance with the Republic's Criminal Procedure Law, when the said warrant has been certified by an "Authorised SBA Police Officer" (Officer of the rank of Chief Inspector and above). Subject to certain provisions the warrant may also be executed even if a copy of it is not in the possession of the person executing it at the time of the arrest. A certification of such a warrant must include: a. The particulars of the person's identity and b. Particulars of the criminal offence -- i. Which the person is alleged to have committed ii. Which the person is reasonably suspected of having committed or iii. Of which the person has been convicted. Relevant Form (R1 "Certified Warrant") must be completed every time when an Authorised Officer certifies a Republican warrant. 9.2 The Ordinance also provides that SBA Police officers may arrest a person wanted by Cyprus Police without a certified warrant if the police officer has reasonable grounds for believing that: a. An arrest warrant in respect of the person, **[will be issued]** by a Court of the Republic and that on receipt of a copy of that warrant, **[an authorised officer will certify it]** in accordance with the provisions of the Ordinance. (Section 5), or b. An arrest warrant in respect of the person **[has been issued]** by a Court of the Republic and that on receipt of a copy of that warrant; an **[authorised officer will certify it]** in accordance with the provisions of the Ordinance. (Section 5). 9.3 The following is the procedure to be followed when a request is made by Cypol for the arrest of a person in the SBA's, according to the legislative provisions described in paragraphs 9 (1) & (2), above: - Whenever there is a request on behalf of Cyprus Police for the arrest of any person who may be found in the jurisdiction of the Sovereign Base Areas, the SBA Police Duty officer will be responsible to ensure that the following steps are taken: a. A copy of the Cypol Warrant is received. b. A copy of the application made for the issuing of the said warrant is received. c. A physical check of the warrant is made to ensure that all the particulars of the identity of the person are properly included. d. A physical check of the warrant is made and relevant application to ensure that all the particulars of the offence are properly included. e. A physical check is made through SBAPS and Intelligence Records to ensure that no part of the conduct alleged to constitute the offence specified in the arrest warrant, occurred in the Areas. f. A physical check is made to ensure that there is NOT an on -- going criminal investigation or on-going criminal proceedings in the Areas in respect of another offence the person in question is alleged or reasonably suspected to have committed g. Relay all relevant information to the "Authorised Officer" for consideration before the latter certifies the Cypol warrant 9.4 If any of the paragraphs (e) and / or (f) above apply, the "Authorised Officer" must consult with the Divisional Commander and the Crown Counsel on duty, or "on call" as to the way forward, before certifying the warrant. 9.5 Any person arrested subject to a Cypol request, either with or without a certified warrant as described above, must be taken before the SBA Court as soon as practicable and in any event not later than 24 hours after the arrest. Custody rules and Legal Aid apply. When a Cypol warrant is available at the time, then Form R1 (Certified Warrant) will be fully completed and be attached on the warrant and presented to the Court with the arrested person. A copy of the certified warrant must be given to the arrested person as soon as possible after the arrest. 9.6 In the event that a person has been arrested without a certified warrant as mentioned in paragraph 9(2) and for any reason a Certified Warrant is not available to be presented in Court with the arrested person before the expiry of 24 hrs the police may apply to the court formally through an officer of the rank of Inspector and above, for an extension to be granted for up to 48 hours for the production of the said warrant. This will normally be a practice to be monitored by the Crown / Senior Crown Counsel dealing with the case. In the event that the warrant is not produced in Court with the elapse of these 48 hours the Court will order the discharge of the arrested person. 9.7 In any case whereby, the urgency of the matter is such that the arrest of the person is strongly recommended despite the fact that no warrant is in hand, the Duty Officer of SBAP will be responsible to ensure that the following steps are taken before he/she orders the arrest of any such person: i. Verify through the CyPol Duty Officer the progress concerning their application for the issue of their arrest warrant. ii. Verify in full the details and circumstances, describing the urgency of the matter iii. Verify in full the details of the CyPol Duty Officer making the request for arrest iv. Relevant records must be made so as to justify the fact that his / her decision to arrest without a warrant in hand was justified and based on "Reasonable grounds". 9.8 The Court and the AGLA's office must be informed accordingly as soon as practicable after the arrest of a person wanted by Cypol. Any useful information about the case should be relayed to them. In the case of Registrar or Senior Registrar it will be useful for them to know the time when the person will be taken to Court and whether an interpreter will be necessary. In the case of the Crown Counsels, they should be briefed about any information which might affect the decision of the Court to make an Order for the removal of the person or not. Such information may include: i. Details on the identity of the person ii. Particulars of the offences involved iii. The physical or mental condition of the person iv. Any issues relating to "Double Jeopardy" and / or "Forum" (Sec 13 & 14 of Ord 19/2016 v. Reason(s) for arrest without a Certified Warrant. 9.9 If during the process the Cypol warrant is withdrawn, then the Authorised Officer must also withdraw the certified warrant. In this case he /she must obtain the prior approval of the Chief Constable in that regard through the Divisional Commander. Relevant Form R 2 ("Withdrawal of Certified Warrant") must be completed. 9.10 Once a removal order is given by the SBA Court the police will be responsible to make arrangements for the removal of the person in the Republic as soon as reasonably practicable after the order is made and in any event in no more than 3 days after the date the order was issued. A formal statement must be obtained from the Cypol officer receiving custody of the person removed. All the original documentation of the case will be handed over to the Cypol Officer receiving custody. Relevant true copies will be kept for the SBAP file (Docket No 1). Custody Rules apply. **10.** []{#s10.anchor}**Removal of Person from RoC into the Areas** 10.1 The Offenders and Removal Ordinance 19 of 2016 provides further that the Administrator subject to relevant Legal Advice from AGLA, may **[request]** the removal of a person to the Areas from the Republic in the following circumstances: a. The person is **[accused]** in the Areas of the commission of an offence and the request is made with a view to the persons arrest and removal to the Areas to be prosecuted, or b. The person has been convicted of an offence by a court in the Areas and the request is made with a view to the persons arrest and removal to the Areas for the purpose of being sentenced for the offence or of serving a sentence of imprisonment or another form of detention imposed in respect of the offence. 10.2 Whenever such a request is to be made, it will be the responsibility of the home Divisional Commander to initiate the process. **11.** []{#s11.anchor}**Search Warrants** 11.1 Whenever the Cypol request involves a search to be carried out in any place relating to the person to be arrested or who has been arrested, in relation to the Offenders Removal and Detention Ordinance the SBA Police must apply formally to the Resident Judge to issue a search warrant, provided that the following conditions apply: a. There is a certified warrant in respect of a person, irrespective of whether it  has been executed b. There are reasonable grounds for believing that material which is evidence of the removal offence, is in, on, or about the place and c. The warrant is sought in relation to the material referred to in paragraph (b) Any such application must be made by an officer of the rank of Inspector and above. 11.2 It must be noted that under section 8B' the Offenders Removal & Detention Ordinance makes provisions relating to the entry and search of any premises including a dwelling house, [without] a warrant [only] when: - The officer has the power to arrest or has arrested a person under sections 6 or 8 of the Ordinance - The entry and search are taking place for the purpose of exercising the power of arrest under sections 6 & 8 of the Ordinance - The officer has reasonable grounds to believe that the wanted person may be found in the premises - A police officer may enter and search any place in which the wanted person was immediately before the arrest if the officer has reasonable grounds to believe that evidence relating to the removal offence may be found therein. **[Note:]** Other Routine Cypol requests not related with the Offenders Removal and Detention Ordinance for searching any premises will require a formal application before the Court for a Search Warrant. **12.** []{#s12.anchor}**Miscellaneous Provisions** 1. A CMS must be raised every time the SBA Police will be dealing with a Cypol request relating to the "Offenders Removal & Detention" Ordinance 19 /2016. 2. A DOR entry must be made which should include all relevant information about the case. 3. A Detective will be appointed as the investigating Officer. 4. A Docket No 1 will be used to file the case documents 5. The CJU Sergeants will be responsible to keep a "Register" to include all relevant case details. **13.** []{#s13.anchor}**Execution of Warrants/Orders Issued by RoC Civil Courts** 13.1 Section 10 of Ordinance 6 of 1960 provides that *'any writ pleading, summons, notice or other instrument or document whatsoever made or issued, and any act, matter or thing done in or in any wise appertaining to such proceedings shall have legal effect, and any judgment or order interlocutory or final, given or made in such proceedings may be lawfully enforced within the Areas in the same manner and to the same extend as if such proceedings had been instituted, heard and determined in the Court of the Areas*'. 13.2 The above section provides that any orders, or other similar instruments issued by the **[Civil Courts of ROC,]** are valid in the SBA's and any member of the SBA Police may execute or support their execution as if it had been issued by the SBA Court. The provisions of this section **[DO NOT]** apply for any warrants issued by the criminal courts of the Republic. **14.** []{#s14.anchor}**Form Templates and Sample Warrants and Applications** The templates for warrant applications, warrants, sample applications and sample warrants, are found in the hyperlinks below; **Search Warrant Application Template Form** **Search Warrant Template Form\ Arrest Warrant Application Template Form** **Arrest Warrant Template Form** **Search Warrant Application (Appendix 18)** **Search Warrant (Appendix 19)** **Arrest Warrant Application (Appendix 20)** **Arrest Warrant (Appendix 21)** **15.** []{#s15.anchor}**Abbreviations and Glossary** ***CC SBA Police:** Chief Constable SBA Police.* []{#ChiefInspectorOandC.anchor}***Chief Inspector (O&C):** Divisional Chief Inspector Operations and Crime.* []{#CJU.anchor}***CJU:** Criminal Justice Unit.* []{#CyPol.anchor}***CyPol:** Cyprus Police.* []{#DCM.anchor}***DCM:** Divisional Crime Manager. Divisional Detective Inspector in-charge of CID.* []{#DivisionalIntelligenceManager.anchor}***Divisional Intelligence Manager:** The Inspector in-charge of the Divisional Intelligence Unit.* []{#DOA.anchor}***DOA:** Diary of Action Taken. An electronic or Manual Record of actions taken in respect of a case or an incident under investigation.* []{#IO.anchor}***I.O.:** Investigating Officer. The appointed officer in-charge of a Police Investigation.* []{#POLSA.anchor}***POLSA:** Police Search Advisor. An officer specially trained to provide advise on the planning and execution of search operations and plans.* ***RoC:** Republic of Cyprus.* ***SCC:** Senior Crown Counsel SBA Administration.* []{#DivisionalCommandTeam.anchor}***Divisional Command Team:** Divisional Officers of the rank of Chief Inspector and above.* **Offenders Removal and Detention Ordinance9. Offenders Removal and Detention Ordinance**