Lawyers and Conveyancers Act 2006

172 Warrant to search premises

(1)

A Standards Committee may apply to a Judge of the High Court or a District Court Judge for a warrant to empower any member of the Standards Committee, or any other person on its behalf, to enter upon any premises, by force if necessary, and search for any money or other property or any records or documents of which the Standards Committee is entitled to take possession under section 169 and to remove them to such place as the member or person thinks fit.

(2)

A warrant may be issued under subsection (1) only if the Judge of the High Court or District Court Judge issuing the warrant is satisfied, in relation to a practitioner or former practitioner, that there is reasonable cause to believe—

(a)

that any of the circumstances specified in section 163 exist in respect of the practitioner or former practitioner; and

(b)

that any money or other property entrusted to the practitioner or former practitioner or a related person or entity or any records or documents belonging to the practitioner or former practitioner or a related person or entity or held in the possession of the practitioner or former practitioner or under the control of the practitioner or former practitioner or related person or entity in the course of the practitioner’s or former practitioner’s practice are or may be held on the premises in respect of which the warrant is issued.

(3)

Where any person is empowered by a warrant issued under subsection (1) to enter upon any premises, that person may be accompanied when so entering by a constable and must be so accompanied when so entering a dwellinghouse.

Compare: 1982 No 123 s 83(3), (4)

Section 172(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).