(1) An authority (as defined in section 77(1)) may authorise the use, for the purpose of executing the warrant, of a faxed copy of a warrant issued under section 72 or 73 or 77.
(2) However, no authorisation may be granted under subsection (1) in relation to a warrant unless the authority is satisfied, having regard to the circumstances of the case, that any delay in executing the warrant that may be caused if a faxed copy is not able to be used for that purpose would or might unduly prejudice the purpose for which the warrant was issued.
(3) An authority may exercise the power conferred by subsection (1) either on or after issuing the warrant, and either on its own initiative or on an application for the purpose made to it by—
(4) If an authority grants an authorisation under subsection (1) in relation to a warrant, the authority must first write on the front of the warrant, and then sign, a note that states—
(5) A faxed copy of a warrant in respect of which an authorisation granted under this section is in force must, for all purposes, be treated as if it were the warrant, and the provisions of this Act (for example, sections 75 and 79) apply accordingly with all necessary modifications.
(6) Without limiting any other enactment or rule of law, section 44 of the Policing Act 2008 (which relates to protection of Police employees for acts pursuant to process) applies in relation to a faxed copy of a warrant in respect of which an authorisation granted under this section is in force as if that faxed copy were the warrant.
(7) Subsection (6) is for the avoidance of doubt.
Compare: 1968 No 63 s 19C
Section 76(1): substituted, on 20 September 2007, by section 4(1) of the Care of Children Amendment Act 2007 (2007 No 44).
Section 76(3): substituted, on 20 September 2007, by section 4(2) of the Care of Children Amendment Act 2007 (2007 No 44).
Section 76(6): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).