Investigative Skills Warrants (Self-Taught) PDF

Police College INV15 INV15 Investigative Skills Warrants (Self-Taught) Introduction What is a Warrant? A warrant is a document issued by a legal or government official, authorising police or another body to either make an...

Police College INV15 INV15 Investigative Skills Warrants (Self-Taught) Introduction What is a Warrant? A warrant is a document issued by a legal or government official, authorising police or another body to either make an arrest, to search premises, or to carry out some other action, relating to the administration of justice. A warrant may be signed by either a Lay Magistrate or a Judge. Warrant Types Arrest (Bench) Warrant: An Arrest Warrant is issued when a defendant has either been charged, or summonsed to appear at court, to answer alleged offences, and fails to appear AND a. the defendant has been connected to the new or existing charges or summons AND b. there is no reasonable excuse for their non-attendance i.e. a sick line from a GP or Hospital. The Judge or Magistrate will listen to evidence proving that the defendant has failed to appear. Under oath, police or court staff will confirm that they have checked the precincts of the court, and have not found the defendant, and know of no just cause as to why the defendant is not in attendance. An arrest warrant will then be issued and signed by the Judge or Magistrate. The court clerk will then take the warrant and have it placed on the court records. This process must be observed and should not be rushed, as the legality of the warrant can be challenged if mistakes are made within the warrant or records. OFFICIAL [SENSITIVE] Page 146  Police College INV15 INV15 Bench Warrants are issued by a higher court i.e. King’s Bench/Crown/County or the Recorders Court and take precedence over all other warrants. A bench warrant commands an officer to arrest a wanted person and bring them before the Court. Arrest Warrants are issued by Magistrates Courts. There are three types of arrest warrant:- 1. Arrest Offender - This is issued by a court to bring a person back to court. 2. Arrest Witness - This is issued by a court when a witness fails to attend court, and when the court is satisfied that they will not respond to a summons. 3. Arrest for Committal - This is issued by a court directing that the defendant be taken directly to prison. Money Warrant A money warrant is issued when a defendant fails to pay a fine, which has been set by courts in relation to offence. This may be a criminal offence or a third party offence i.e. failing to have a TV licence or a dog licence. A money warrant empowers police to carry out a number of actions to execute the warrant, dependant on the type of money warrant being executed. There are two types of money warrant:- 1. Monetary penalty warrant – This empowers police to collect full outstanding payment or to arrest the defendant and convey that person to prison. 2. Default fine warrant – This empowers police to collect full outstanding payment or to arrest the defendant, and have them enter into a court recognizance, to appear at a Fine Default Court, or to convey that person to the next sitting court. OFFICIAL [SENSITIVE] Page 147  Police College INV15 INV15 Search Warrants A search warrant is issued when the police, or other authorised person, applies to a lay magistrate or a Judge for authority to search premises for articles or persons, connected with the investigation being conducted. Authority will only be granted to search for items that are likely to be relevant evidence and of substantial value to the investigation, and which are not subject to legal privilege, excluded material or special procedure material. There are some pieces of legislation that allow police to obtain a search warrant for evidence, such as Section 25 of the Theft Act (NI) 1969. This allows police to search for stolen goods. If no specific power exists in legislation, Article 10 of PACE allows police to obtain a search warrant for evidence relating to an indictable offence. Procedures Police MUST have reasonable grounds to believe that the items are on the premises, to justify an application for a search warrant. 1. The applicant must identify, so far as is practicable, the articles or persons sought, and the legislation being used to do so. 2. The forms used to apply for a search warrant are: PACE 5 (Complaint to obtain a search warrant under specific legislation OTHER than Article 10 PACE, e.g. section 25 of the Theft Act (NI) 1969). PACE 5A (Complaint to obtain a search warrant under Article 10 PACE). PACE 5b (to be completed when intelligence forms the basis of the application). PACE 6 (Warrant – completed in triplicate). Further details can be found on the actual PACE forms and via the link on Classis. All of these forms are completed by the applicant, prior to attending the Lay Magistrate/Judge. OFFICIAL [SENSITIVE] Page 148  Police College INV15 INV15 3. The completed search warrant application on either a Pace 5 form or a Pace 5a form, is initially presented to a police officer, of at least the rank of Inspector, seeking authorisation to obtain a warrant. This is known as ‘Complaint to Obtain Warrant to Enter and Search’. 4. Once the ‘Complaint’ on Forms PACE 5 or PACE 5A has been authorised by an inspector or above, police need to have the warrant authorised either by a Judge or Lay Magistrate. 5. Officers should only contact Lay Magistrates in respect of warrants of an URGENT nature. 6. In all other circumstances officers should contact the relevant Magistrates Court to have their application heard, prior to 10:00hrs. 7. Where possible, officers should contact the court office beforehand, notifying them of the pending application. Officers can contact the Northern Ireland Court Service using the central telephone number 0300 200 7812 and request that their call be forwarded to the Court Office of their choice. 8. When attending the Lay Magistrate/Judge you MUST be in possession of the PACE 5/PACE 5a, PACE 5b if applicable, and the warrant, which is a PACE 6. The warrant is in three parts, and self-triplicating. This is known as a Warrant to Enter and Search. NB: PACE 5 & 5a are electronic forms and can be found on POINT. Completed examples can be found on Classis. 9. Be prepared to answer questions from the Lay Magistrate or Judge, who may require further information from you. If clarification is given verbally, ensure that a verbatim record is made of what is said in your notebook. A record of this interaction should also be recorded on the PACE 5 or PACE 5A by the Lay Magistrate or Judge. 10. You will be asked to take an oath or an affirmation, confirming that the information you provide is correct, prior to signing the warrant. OFFICIAL [SENSITIVE] Page 149  Police College INV15 INV15 11. If the warrant is authorised, it should be executed within 3 months from the date of authorisation. This 3 month criteria, relates to Article 10 PACE Warrants and the vast majority of all warrants. A warrant under section 23 of Misuse of Drugs Act should be executed within 1 month from the date of authorisation. It is important therefore to check the legislation you are using to determine this time restriction. All warrants, whether executed or not, must be returned to the Petty Sessions District in which the search was carried out or intended to be carried out, or, if issued by a Judge, to an officer of the court from which they issued it. If the warrant has been executed, only the original document will be returned. For a warrant not executed, all three copies are returned. A warrant which is returned shall be retained for 12 months from the date of return. The Court Clerk will then take the warrant and have it placed on the Court Records. This process must be observed and should not be rushed, as the legality of the warrant can be challenged if mistakes are made within the warrant or records. Execution of Search Warrants The officer in charge of the search shall sign the warrant. This may be the investigating officer or search team leader. If the householder is present when you execute a warrant you must identify yourself to them and, if in plain clothes, produce evidence of your identity. You should also produce the warrant and provide a copy to them. A PACE 20 form must also be completed and a copy provided to the householder, along with a PACE 1A search record. If premises are unoccupied you may search if you are satisfied that it is the right address. You must leave a copy of the warrant, PACE 20, and PACE 1A in a prominent place. OFFICIAL [SENSITIVE] Page 150  Police College INV15 INV15 Safeguards when Dealing with Search Warrants Irrespective of what powers you are exercising, there are safeguards in place to ensure your search is lawful and compliant. Articles 17 & 18 PACE (NI) Order give guidelines on how to obtain and apply for a warrant (Article 17) and how to execute a warrant (Article 18). These guidelines apply to all warrants, regardless of what legislation they are granted, and must be strictly adhered to. Breaches of Article 17 and/or Article 18 could render any warrant as being unlawful. In addition to Article 17 and Article 18 of PACE you should also familiarize yourself with Code of Practice B from the PACE Codes of Practice. Code B is a Code of Practice for searches of premises by police officers, and the seizure of property found by police officers on persons or premises. Human Rights will be impacted when carrying out searches, in particular Article 8 the right to respect for private and family life. By ensuring your application for search warrants and the execution of search warrants adheres to Article 17 and 18 of PACE, this will ensure that such searches comply with the principles of Human Rights. We will need to engage these rights when entering homes and businesses, however the necessity to investigate the crime will be justified in the vast majority of cases. OFFICIAL [SENSITIVE] Page 151  Police College INV15 INV15 Summarised Flow Chart Power in specific legislation No power in Legislation to Search Property, for example For example Sexual Offences (NI) Order 2008. Section 25 Theft Act (NI) 1969 In this case Police can use Article 10 PACE to apply for a search warrant as Section 23 Misuse of Drugs Act 1971 long as we can satisfy the following criteria: Article 8 Criminal Damage (NI) Order 1977 1. That an indictable or hybrid offence Article 52 Firearms (NI) Order 2004 has been committed In these cases use the actual search 2. That there is material which is likely power that is conferred in that legislation to be of substantial value to the to apply for a search warrant investigation of the offence 3. The material specified is on the premises that you want to search 4. Does not consist of, or include items subject to legal privilege, excluded material or special procedure material. You will need to complete a PACE 5 You will need to complete a PACE 5a form – Complaint to obtain a warrant to form – Complaint to obtain a warrant to enter and search. You must also get this enter and search. You must also get this authorised by someone of at least the authorised by someone of at least the rank of Inspector. rank of Inspector. Police now need to bring a completed and authorised PACE 5/PACE 5a form along with the physical warrant (PACE6) to a Lay Magistrate/Judge to have the warrant signed. If required, include a Pace 5B intelligence form. If used it must be completed and handed to judge only after taking oath. Obtain clearance from C3 Intelligence Branch. PAPERWORK REQUIRED ON ARRIVAL AT THE PREMISES THAT YOU WISH TO SEARCH PACE 6 – Physical warrant (signed by Lay Magistrate) PACE 20 – Notice of Powers and rights for the occupier of the property FORM 29 – Search record (With parts 1-14 already completed) The PACE 1A will be completed at the time of the search. OFFICIAL [SENSITIVE] Page 152