A Non-Standard Application: Cross-Jurisdictional Search Warrant

I have previously mentioned that I don't deal with a lot of warrant applications, as I am not a member of the regional search warrant panel.

Even so, every now and then, generally if I'm in the wrong place at the wrong time, non-standard applications do come in my direction. A couple of months ago, so it will long have been dealt with, a Police Scotland search warrant application was thrust in my direction.

The gist of the application, in very broad terms, was that a man had been arrested in Scotland on suspicion of possession with intent to supply controlled drugs. Police Scotland officers had searched his Glasgow (for sake of argument) property on the authority of a warrant granted by a Sheriff under section 23 of the Misuse of Drugs Act 1971.

In addition to finding a large amount of class A drugs, the search uncovered evidence strongly connecting the man with a property over the border in England. The man was in custody and the Sheriff had granted an additional warrant for the search of the property in England, where there were reasonable grounds to believe that further class A drugs or incriminating documentation would be found.

Because Scotland and England (and Wales) are different jurisdictions, a warrant granted by a Sheriff (or Justice of the Peace) in Scotland cannot automatically be executed in England (or Wales). What must happen first, in accordance with sections 4 and 5 of the Summary Jurisdiction (Process) Act 1881, is that a Justice of the Peace with jurisdiction in the relevant area in England (or Wales) must endorse such a warrant in order to validate it.

That was my job on this particular day. The legal advisor got the officer on the phone and he set about explaining the circumstances and why he "craved" such a warrant for a property in England. Based on what I had heard I was satisfied that there were reasonable grounds to believe that further class A drugs or documentation relating to the supply of controlled drugs would be found at the premises. I was also satisfied that the necessity for a warrant was made out, as entry to the premises needed to be gained immediately in order to secure any evidence therein. That being the case I was happy to endorse the warrant, thus authorising the cross-jurisdiction search.

As an aside, I should mention that in similar circumstances in England and Wales the police would be able to enter and search the arrested man's property without a warrant, in accordance with section 18 of the Police and Criminal Evidence Act 1984. That legislation does not extend to Scotland, hence the requirement for Police Scotland to obtain a Sheriff warrant to search his Glasgow property in the first instance.