Page 1152 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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1140
Uluslararası Adli İşbirliği
premises;
(b) it is practicable to communicate with a person entitled to grant entry to the premi-
ses but it is not practicable to communicate with a person entitled to grant access to the material
referred to in section 158(2)(d);
(c) the material contains information which is subject to a restriction on disclosure or
an obligation of secrecy contained in an enactment (including one passed after this Act) and is
likely to be disclosed in breach of the restriction or obligation if a warrant is not issued.
(9) In this section “judge”—
(a) in England andWales, means a circuit judge;
(b) in Northern Ireland, means a Crown Court judge.
Search and seizure without warrant
161- Entry and search of premises for purposes of arrest
(1) This section applies if a constable has power to arrest a person under an extradition arrest
power.
(2) A constable may enter and search any premises for the purpose of exercising the power of
arrest if he has reasonable grounds for believing that the person is on the premises.
(3) The power to search conferred by subsection (2) is exercisable only to the extent that is
reasonably required for the purpose of exercising the power of arrest.
(4) A constable who has entered premises in exercise of the power conferred by subsection
(2) may seize and retain anything which is on the premises if he has reasonable grounds for beli-
eving—
(a) that it has been obtained in consequence of the commission of an offence or it is
evidence in relation to an offence, and
(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged,
altered or destroyed.
(5) An offence includes an offence committed outside the United Kingdom.
(6) If the premises contain 2 or more separate dwellings, the power conferred by subsection
(2) is a power to enter and search only—
(a) any parts of the premises which the occupiers of any dwelling comprised in the
premises use in common with the occupiers of any other dwelling comprised in the premises, and