What is a Section 8?

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A section 8 in simplistic terms the UK’s version of a search warrant. However in the UK, this can be done via an electronic form. You can usually tell by the number of officers that arrive to a property, whether it is going to be searched or not, as well as, the manner that they arrive at. If they look as if they do not care how they are treating your property aka forcing open windows to their extrimeties or trampling over flower beds. This might be an oppotunity to come out with your hands up

(“Hands up” is a figure of speach in the UK. As, UK police unless you’ve done something really bad do not turn up with guns blazing.)

An Example of the revised 2018 Section 8

Power of justice of the peace to authorise entry and search of premises.

(1)If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing—

(a)that [F1an indictable offence] has been committed; and

(b)that there is material on premises [F2mentioned in subsection (1A) below] which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and

(c)that the material is likely to be relevant evidence; and

(d)that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and

(e)that any of the conditions specified in subsection (3) below applies,

he may issue a warrant authorising a constable to enter and search the premises [F3in relation to each set of premises specified in the application] .

[F4(1A)The premises referred to in subsection (1)(b) above are—

(a)one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or

(b)any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

(1B)If the application is for an all premises warrant, the justice of the peace must also be satisfied—

(a)that because of the particulars of the offence referred to in paragraph (a) of subsection (1) above, there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in paragraph (b) of that subsection; and

(b)that it is not reasonably practicable to specify in the application all the premises which he occupies or controls and which might need to be searched.]

[F5(1C)The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which he issues the warrant.

(1D)If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.]

(2)A constable may seize and retain anything for which a search has been authorised under subsection (1) above.

(3)The conditions mentioned in subsection (1)(e) above are—

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

(b)that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;

(c)that entry to the premises will not be granted unless a warrant is produced;

(d)that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

(4)In this Act “relevant evidence”, in relation to an offence, means anything that would be admissible in evidence at a trial for the offence.

(5)The power to issue a warrant conferred by this section is in addition to any such power otherwise conferred.

[F6(6)This section applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to [F1an indictable offence].]

[F7(7)Section 4 of the Summary Jurisdiction (Process) Act 1881 (execution of process of English courts in Scotland) shall apply to a warrant issued on the application of an officer of Revenue and Customs under this section by virtue of section 114 below.]

A link to the legislation can be found here

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