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Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Current version for 6 December 2019 to date (accessed 29 January 2020 at 18:44)
72 Execution of warrant by day or night
(cf Search Warrants Act 1985, s 19)
(1A) A covert search warrant may be executed by day or by night.(1) A warrant (other than a covert search warrant) may be executed by day, but must not be executed by night unless the eligible issuing officer, by the warrant, authorises its execution by night.(2) An eligible issuing officer is not to authorise the execution of a warrant by night unless satisfied that there are reasonable grounds for doing so. Those grounds include (but are not limited to) the following—(a) the execution of the warrant by day is unlikely to be successful because, for example, it is issued to search for a thing that is likely to be on the premises only at night or other relevant circumstances will only exist at night,(b) there is likely to be less risk to the safety of any person if it is executed by night,(c) an occupier is likely to be on the premises only at night to allow entry without the use of force.(3) In this section—by day means during the period between 6 am and 9 pm on any day.by night means during the period between 9 pm on any day and 6 am on the following day.