TV Licensing Warrants: In the Footsteps of BlackBeltBarrister

Earlier this afternoon barrister Daniel ShenSmith, otherwise known as BlackBeltBarrister, published a very informative YouTube video on the topic of TV Licensing search warrants.

If you haven't seen Daniel's video, you can watch it at the following link. Don't forget to like and subscribe to his channel: What if TV Licensing Officers Have a Warrant?

As tends to happen, the mere mention of the topic of TV Licensing has caused a frenzy of opinion, not all of it entirely accurate or helpful.

I have to admit that I actually waded into the comments to help set the record straight, but there is clearly still a lot of misinformation out there.

In today's article I shall try to address a few of those misconceptions.

Before continuing I should warn readers that everything I write is based on fact that unlicensed TV reception (which encompasses "live" broadcast TV programmes and BBC on-demand programmes) is a criminal offence. Anyone convicted of this offence receives a criminal conviction, although it is non-recordable.

Anyone reading who doesn't accept that unequivocal legal fact may as well click away now, as I wouldn't wish to waste any more of their valuable time.

You can read a lot more about TV licence legislation in my earlier article, A Brief Guide to the TV Licence.

Right then, for the benefit of the receptive remainers I am going to summarise a few key points in relation to TV Licensing search warrants. Everything I mention can be found in the relevant legislation, which is section 366 of the Communications Act 2003.

Here goes:

• A warrant can be applied for by a person specifically authorised in this regard by the BBC. In practice this is a named employee of BBC TV Licensing contractor Capita. Anyone who isn't specifically authorised cannot make an application.
• Applications are made in camera.
• A warrant may be granted if the Justice hearing the application has reasonable grounds to believe that:
• An offence of TV licence evasion is taking place, or has done, at the premises stated in the application; and
• Evidence of the commission of such an offence is likely to be found at the premises; and
• One of the following conditions is met:
• that there is no person entitled to grant entry to the premises with whom it is practicable to communicate; or
• that there is no person entitled to grant access to the evidence with whom it is practicable to communicate; or
• that entry to the premises will not be granted unless a warrant is produced; or
• that the purpose of the search may be frustrated or seriously prejudiced unless it is carried out by a person who secures entry immediately on their arrival at the premises.
• Once granted the warrant must be executed within one calendar month.
• A warrant allows entry to the premises on one occasion only.
• A warrant may be executed by a person specifically authorised by the BBC, either with or without constables. In practice, it is TV Licensing's usual policy to have police present to prevent a breach of the peace. In theory they could execute the warrant without the police.
• A warrant allows a person authorised by the BBC to enter the premises, search for, examine and test any television receivers found there.
• Reasonable force may be used in the execution of the warrant. Legally this could include forcing entry to the premises, but it is TV Licensing policy never to do that. If they were unable to execute the warrant for whatever reason they would usually leave and return later for a further attempt.
• It is an offence for any person at the premises, without reasonable excuse, to fail to provide reasonable assistance to the person examining and testing any television receiver found there. The maximum penalty on summary conviction is a fine at level 5 (unlimited).
• It is an offence for any person at the premises to intentionally obstruct a person exercising any powers conferred on them by virtue of the warrant. The maximum penalty on summary conviction is a fine at level 5 (unlimited).

That's the legal side out of the way, now to address some specific questions raised in the comments to BlackBeltBarrister's video:

• Q1: How would you know they (TV Licensing) had a warrant if you don't answer the door to them?
• Ans1: If you don't answer the door to them that would suggest that you had an idea it was TV Licensing. As mentioned earlier, they will usually have the police with them during the execution of a warrant. Technically speaking, refusing to answer the door to what you suspect is a warrant visit would amount to obstruction of the warrant. If there was evidence of deliberate refusal to answer the door TV Licensing could prosecute for the offence of obstruction.
• Q2: Test your TV for what? You can legally own a TV without a TV licence.
• Ans2: That is correct. When testing a television receiver they would be seeking to establish if it was installed for the purposes of television reception  - e.g. plugged in and immediately ready to display BBC One (or whatever) at the push of a button. It is also an offence to install a television receiver unless the installation is covered by a valid TV licence.
• Q3: You said warrants do not need to be signed. That being the case, how would a person know it is a genuine warrant?
• Ans3: Perhaps the biggest clue would be the presence of the police alongside the TV Licensing staff. If the police are there, it can be reasonably assumed the warrant is legit. The warrant does not require a wet signature. It may or may not be printed on official court headed paper.
• Q4: If they turn up with a warrant can I ask them to wait outside until I telephone a friend or my solicitor?
• Ans4: You can ask, but they do not need to let you. The whole point of the warrant is to secure immediate, unhindered access to the premises. Anything that frustrates their immediate, unhindered access could be considered obstruction of the warrant. By all means you could contact a friend or a solicitor after you had let them inside to conduct their search.

It would be remiss of me not to mention that search warrants are the nuclear option for TV Licensing. It is something they would only ever consider once they had exhausted every other avenue of investigation and still had reasonable grounds to believe that an offence was taking place at the premises. The court would only ever grant a warrant in those circumstances.

If anyone has any further questions, please feel free to drop a comment below. I shall try my best to address them.