Police Search & Seizure Code of Practice under PACE 1984, Lecture notes of Criminal Justice

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B 35425 Pace Code B Text.indd 1 24/02/2014 10:35 POLICE AND CRIMINAL EVIDENCE ACT 1984 (PACE) CODE B REVISED CODE OF PRACTICE FOR SEARCHES OF PREMISES BY POLICE OFFICERS AND THE SEIZURE OF PROPERTY FOUND BY POLICE OFFICERS ON PERSONS OR PREMISES Commencement - Transitional Arrangements This Code applies to applications for warrants made after 00.00 on 27 October 2013 and to searches and seizures taking place after 00.00 on 27 October 2013. 1 B 35425 Pace Code B Text.indd 2 24/02/2014 10:35 Codes of practice - Code B Searching premises and seizing property Contents 1 Introduction .................................................................................................................. 3 Note for Guidance .......................................................................................................... 3 2 General .......................................................................................................................... 4 Notes for guidance ......................................................................................................... 6 3 Search warrants and production orders.................................................................... 8 (a) Before making an application................................................................................. 8 (b) Making an application ............................................................................................ 9 Notes for guidance ....................................................................................................... 10 4 Entry without warrant - particular powers ............................................................... 10 (a) Making an arrest etc ............................................................................................ 10 (b) Search of premises where arrest takes place or the arrested person was immediately before arrest .................................................................................... 10 (c) Search of premises occupied or controlled by the arrested person..................... 10 5 Search with consent .................................................................................................. 11 Notes for guidance ....................................................................................................... 11 6 Searching premises - general considerations ........................................................ 12 (a) Time of searches ................................................................................................. 12 (b) Entry other than with consent .............................................................................. 12 (c) Notice of Powers and Rights................................................................................ 13 (d) Conduct of searches ............................................................................................ 13 (e) Leaving premises................................................................................................. 14 (f) Searches under PACE Schedule 1 or the Terrorism Act 2000, Schedule 5 ........ 14 Notes for guidance ....................................................................................................... 14 7 Seizure and retention of property............................................................................. 15 (a) Seizure................................................................................................................. 15 (b) Criminal Justice and Police Act 2001: Specific procedures for seize and sift powers ................................................................................................................. 16 (c) Retention.............................................................................................................. 17 (d) Rights of owners etc ............................................................................................ 18 Notes for guidance ....................................................................................................... 18 8 Action after searches................................................................................................. 19 9 Search registers ......................................................................................................... 20 Note for guidance....................................................................................................... 20 10 Searches under Schedule 5 to the Terrorism Prevention and Investigation Measures Act 2011. .................................................................................................... 21 Note for guidance......................................................................................................... 21 2 B 35425 Pace Code B Text.indd 5 24/02/2014 10:35 Codes of practice - Code B Searching premises and seizing property 2.7 When this Code requires the prior authority or agreement of an officer of at least inspector or superintendent rank, that authority may be given by a sergeant or chief inspector authorised to perform the functions of the higher rank under PACE, section 107. 2.8 Written records required under this Code not made in the search record shall, unless otherwise specified, be made:  in the recording officer’s pocket book (‘pocket book’ includes any official report book issued to police officers) or  on forms provided for the purpose 2.9 Nothing in this Code requires the identity of officers, or anyone accompanying them during a search of premises, to be recorded or disclosed: (a) in the case of enquiries linked to the investigation of terrorism; or (b) if officers reasonably believe recording or disclosing their names might put them in danger. In these cases officers should use warrant or other identification numbers and the name of their police station. Police staff should use any identification number provided to them by the police force. (See Note 2E.) 2.10 The ‘officer in charge of the search’ means the officer assigned specific duties and responsibilities under this Code. Whenever there is a search of premises to which this Code applies one officer must act as the officer in charge of the search. (See Note 2F.) 2.11 In this Code: (a) ‘designated person’ means a person other than a police officer, designated under the Police Reform Act 2002, Part 4 who has specified powers and duties of police officers conferred or imposed on them. (See Note 2G.) (b) any reference to a police officer includes a designated person acting in the exercise or performance of the powers and duties conferred or imposed on them by their designation. (c) a person authorised to accompany police officers or designated persons in the execution of a warrant has the same powers as a constable in the execution of the warrant and the search and seizure of anything related to the warrant. These powers must be exercised in the company and under the supervision of a police officer. (See Note 3C.) 2.12 If a power conferred on a designated person: (a) allows reasonable force to be used when exercised by a police officer, a designated person exercising that power has the same entitlement to use force; (b) includes power to use force to enter any premises, that power is not exercisable by that designated person except: (i) in the company and under the supervision of a police officer; or (ii) for the purpose of:  saving life or limb; or  preventing serious damage to property. 2.13 Designated persons must have regard to any relevant provisions of the Codes of Practice. 5 B 35425 Pace Code B Text.indd 6 24/02/2014 10:35 Codes of practice - Code B Searching premises and seizing property Notes for guidance 2A PACE sections 15 and 16 apply to all search warrants issued to and executed by constables under any enactment, e.g. search warrants issued by a: (a) justice of the peace under the:  Theft Act 1968, section 26 - stolen property;  Misuse of Drugs Act 1971, section 23 - controlled drugs;  PACE, section 8 - evidence of an indictable offence;  Terrorism Act 2000, Schedule 5, paragraph 1;  Terrorism Prevention and Investigation Measures Act 2011, Schedule 5, paragraph 8(2)(b) search of premises for compliance purposes (see paragraph 10.1). (b) Circuit judge under:  PACE, Schedule 1;  Terrorism Act 2000, Schedule 5, paragraph 11. 2B Examples of the other powers in paragraph 2.3(d) include: (a) Road Traffic Act 1988, section 6E(1) giving police power to enter premises under section 6E(1) to:  require a person to provide a specimen of breath; or  arrest a person following: ~ a positive breath test; ~ failure to provide a specimen of breath; (b) Transport and Works Act 1992, section 30(4) giving police powers to enter premises mirroring the powers in (a) in relation to specified persons working on transport systems to which the Act applies; (c) Criminal Justice Act 1988, section 139B giving police power to enter and search school premises for offensive weapons, bladed or pointed articles; (d) Terrorism Act 2000, Schedule 5, paragraphs 3 and 15 empowering a superintendent in urgent cases to give written authority for police to enter and search premises for the purposes of a terrorist investigation; (e) Explosives Act 1875, section 73(b) empowering a superintendent to give written authority for police to enter premises, examine and search them for explosives; (f) search warrants and production orders or the equivalent issued in Scotland or Northern Ireland endorsed under the Summary Jurisdiction (Process) Act 1881 or the Petty Sessions (Ireland) Act 1851 respectively for execution in England and Wales. (g) Terrorism Prevention and Investigation Measures Act 2011, Schedule 5, paragraphs 5(1), 6(2)(b) and 7(2), searches relating to TPIM notices (see paragraph 10.1). 6 B 35425 Pace Code B Text.indd 7 24/02/2014 10:35 Codes of practice - Code B Searching premises and seizing property 2C The Criminal Justice Act 1988, section 139B provides that a constable who has reasonable grounds to suspect an offence under the Criminal Justice Act 1988, section 139A or 139AAhas or is being committed may enter school premises and search the premises and any persons on the premises for any bladed or pointed article or offensive weapon. Persons may be searched under a warrant issued under the Misuse of Drugs Act 1971, section 23(3) to search premises for drugs or documents only if the warrant specifically authorises the search of persons on the premises. Powers to search premises under certain terrorism provisions also authorise the search of persons on the premises, for example, under paragraphs 1, 2, 11 and 15 of Schedule 5 to the Terrorism Act 2000 and section 52 of the Anti-terrorism, Crime and Security Act 2001. 2D The Immigration Act 1971, Part III and Schedule 2 gives immigration officers powers to enter and search premises, seize and retain property, with and without a search warrant. These are similar to the powers available to police under search warrants issued by a justice of the peace and without a warrant under PACE, sections 17, 18, 19 and 32 except they only apply to specified offences under the Immigration Act 1971 and immigration control powers. For certain types of investigations and enquiries these powers avoid the need for the Immigration Service to rely on police officers becoming directly involved. When exercising these powers, immigration officers are required by the Immigration and Asylum Act 1999, section 145 to have regard to this Code’s corresponding provisions. When immigration officers are dealing with persons or property at police stations, police officers should give appropriate assistance to help them discharge their specific duties and responsibilities. 2E The purpose of paragraph 2.9(b) is to protect those involved in serious organised crime investigations or arrests of particularly violent suspects when there is reliable information that those arrested or their associates may threaten or cause harm to the officers or anyone accompanying them during a search of premises. In cases of doubt, an officer of inspector rank or above should be consulted. 2F For the purposes of paragraph 2.10, the officer in charge of the search should normally be the most senior officer present. Some exceptions are: (a) a supervising officer who attends or assists at the scene of a premises search may appoint an officer of lower rank as officer in charge of the search if that officer is:  more conversant with the facts;  a more appropriate officer to be in charge of the search; (b) when all officers in a premises search are the same rank. The supervising officer if available, must make sure one of them is appointed officer in charge of the search, otherwise the officers themselves must nominate one of their number as the officer in charge; (c) a senior officer assisting in a specialist role. This officer need not be regarded as having a general supervisory role over the conduct of the search or be appointed or expected to act as the officer in charge of the search. Except in (c), nothing in this Note diminishes the role and responsibilities of a supervisory officer who is present at the search or knows of a search taking place. 2G An officer of the rank of inspector or above may direct a designated investigating officer not to wear a uniform for the purposes of a specific operation. 7 B 35425 Pace Code B Text.indd 10 24/02/2014 10:35 Codes of practice - Code B Searching premises and seizing property 3.7 A search warrant application under PACE, Schedule 1, paragraph 12(a), shall if appropriate indicate why it is believed service of notice of an application for a production order may seriously prejudice the investigation. Applications for search warrants under the Terrorism Act 2000, Schedule 5, paragraph 11 must indicate why a production order would not be appropriate. 3.8 If a search warrant application is refused, a further application may not be made for those premises unless supported by additional grounds. Notes for guidance 3A The identity of an informant need not be disclosed when making an application, but the officer should be prepared to answer any questions the magistrate or judge may have about:  the accuracy of previous information from that source, and  any other related matters 3B The information supporting a search warrant application should be as specific as possible, particularly in relation to the articles or persons being sought and where in the premises it is suspected they may be found. The meaning of ‘items subject to legal privilege’, ‘excluded material’ and ‘special procedure material’ are defined by PACE, sections 10, 11 and 14 respectively. 3C Under PACE, section 16(2), a search warrant may authorise persons other than police officers to accompany the constable who executes the warrant. This includes, e.g. any suitably qualified or skilled person or an expert in a particular field whose presence is needed to help accurately identify the material sought or to advise where certain evidence is most likely to be found and how it should be dealt with. It does not give them any right to force entry, but it gives them the right to be on the premises during the search and to search for or seize property without the occupier’s permission. 4 Entry without warrant - particular powers (a) Making an arrest etc 4.1 The conditions under which an officer may enter and search premises without a warrant are set out in PACE, section 17. It should be noted that this section does not create or confer any powers of arrest. See other powers in Note 2B(a). (b) Search of premises where arrest takes place or the arrested person was immediately before arrest 4.2 When a person has been arrested for an indictable offence, a police officer has power under PACE, section 32 to search the premises where the person was arrested or where the person was immediately before being arrested. (c) Search of premises occupied or controlled by the arrested person 4.3 The specific powers to search premises which are occupied or controlled by a person arrested for an indictable offence are set out in PACE, section 18. They may not be exercised, except if section 18(5) applies, unless an officer of inspector rank or above has given written authority. That authority should only be given when the authorising officer is satisfied that the premises are occupied or controlled by the arrested person and that the necessary grounds exist. If possible the authorising officer should record the authority on the Notice of Powers and Rights and, subject to paragraph 2.9, sign the 10 B 35425 Pace Code B Text.indd 11 24/02/2014 10:35 Codes of practice - Code B Searching premises and seizing property Notice. The record of the grounds for the search and the nature of the evidence sought as required by section 18(7) of the Act should be made in:  the custody record if there is one, otherwise  the officer’s pocket book, or  the search record. 5 Search with consent 5.1 Subject to paragraph 5.4, if it is proposed to search premises with the consent of a person entitled to grant entry the consent must, if practicable, be given in writing on the Notice of Powers and Rights before the search. The officer must make any necessary enquiries to be satisfied the person is in a position to give such consent. (See Notes 5A and 5B.) 5.2 Before seeking consent the officer in charge of the search shall state the purpose of the proposed search and its extent. This information must be as specific as possible, particularly regarding the articles or persons being sought and the parts of the premises to be searched. The person concerned must be clearly informed they are not obliged to consent, that any consent given can be withdrawn at any time, including before the search starts or while it is underway and anything seized may be produced in evidence. If at the time the person is not suspected of an offence, the officer shall say this when stating the purpose of the search. 5.3 An officer cannot enter and search or continue to search premises under paragraph 5.1 if consent is given under duress or withdrawn before the search is completed. 5.4 It is unnecessary to seek consent under paragraphs 5.1 and 5.2 if this would cause disproportionate inconvenience to the person concerned. (See Note 5C.) Notes for guidance 5A In a lodging house, hostel or similar accommodation, every reasonable effort should be made to obtain the consent of the tenant, lodger or occupier. A search should not be made solely on the basis of the landlord’s consent. 5B If the intention is to search premises under the authority of a warrant or a power of entry and search without warrant, and the occupier of the premises co-operates in accordance with paragraph 6.4, there is no need to obtain written consent. 5C Paragraph 5.4 is intended to apply when it is reasonable to assume innocent occupiers would agree to, and expect, police to take the proposed action, e.g. if:  a suspect has fled the scene of a crime or to evade arrest and it is necessary quickly to check surrounding gardens and readily accessible places to see if the suspect is hiding, or  police have arrested someone in the night after a pursuit and it is necessary to make a brief check of gardens along the pursuit route to see if stolen or incriminating articles have been discarded. 11 B 35425 Pace Code B Text.indd 12 24/02/2014 10:35 Codes of practice - Code B Searching premises and seizing property 6 Searching premises - general considerations (a) Time of searches 6.1 Searches made under warrant must be made within three calendar months of the date the warrant is issued or within the period specified in the enactment under which the warrant is issued if this is shorter. 6.2 Searches must be made at a reasonable hour unless this might frustrate the purpose of the search. 6.3 When the extent or complexity of a search mean it is likely to take a long time, the officer in charge of the search may consider using the seize and sift powers referred to in section 7. 6.3A A warrant under PACE, section 8 may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the warrant is issued. No premises may be entered or searched on any subsequent occasions without the prior written authority of an officer of the rank of inspector who is not involved in the investigation. All other warrants authorise entry on one occasion only. 6.3B Where a warrant under PACE section 8, or Schedule 1, paragraph 12 authorises entry to and search of all premises occupied or controlled by a specified person, no premises which are not specified in the warrant may be entered and searched without the prior written authority of an officer of the rank of inspector who is not involved in the investigation. (b) Entry other than with consent 6.4 The officer in charge of the search shall first try to communicate with the occupier, or any other person entitled to grant access to the premises, explain the authority under which entry is sought and ask the occupier to allow entry, unless: (i) the search premises are unoccupied; (ii) the occupier and any other person entitled to grant access are absent; (iii) there are reasonable grounds for believing that alerting the occupier or any other person entitled to grant access would frustrate the object of the search or endanger officers or other people. 6.5 Unless sub-paragraph 6.4(iii) applies, if the premises are occupied the officer, subject to paragraph 2.9, shall, before the search begins: (i) identify him or herself, show their warrant card (if not in uniform) and state the purpose of, and grounds for, the search, and (ii) identify and introduce any person accompanying the officer on the search (such persons should carry identification for production on request) and briefly describe that person’s role in the process. 6.6 Reasonable and proportionate force may be used if necessary to enter premises if the officer in charge of the search is satisfied the premises are those specified in any warrant, or in exercise of the powers described in paragraphs 4.1 to 4.3, and if: (i) the occupier or any other person entitled to grant access has refused entry; (ii) it is impossible to communicate with the occupier or any other person entitled to grant access; or (iii) any of the provisions of paragraph 6.4 apply. 12 B 35425 Pace Code B Text.indd 15 24/02/2014 10:35 Codes of practice - Code B Searching premises and seizing property 6B It is important that, when possible, all those involved in a search are fully briefed about any powers to be exercised and the extent and limits within which it should be conducted. 6C In all cases the number of officers and other persons involved in executing the warrant should be determined by what is reasonable and necessary according to the particular circumstances. 7 Seizure and retention of property (a) Seizure 7.1 Subject to paragraph 7.2, an officer who is searching any person or premises under any statutory power or with the consent of the occupier may seize anything: (a) covered by a warrant; (b) the officer has reasonable grounds for believing is evidence of an offence or has been obtained in consequence of the commission of an offence but only if seizure is necessary to prevent the items being concealed, lost, disposed of, altered, damaged, destroyed or tampered with; (c) covered by the powers in the Criminal Justice and Police Act 2001, Part 2 allowing an officer to seize property from persons or premises and retain it for sifting or examination elsewhere. See Note 7B 7.2 No item may be seized which an officer has reasonable grounds for believing to be subject to legal privilege, as defined in PACE, section 10, other than under the Criminal Justice and Police Act 2001, Part 2. 7.3 Officers must be aware of the provisions in the Criminal Justice and Police Act 2001, section 59, allowing for applications to a judicial authority for the return of property seized and the subsequent duty to secure in section 60. (See paragraph 7.12(iii).) 7.4 An officer may decide it is not appropriate to seize property because of an explanation from the person holding it but may nevertheless have reasonable grounds for believing it was obtained in consequence of an offence by some person. In these circumstances, the officer should identify the property to the holder, inform the holder of their suspicions and explain the holder may be liable to civil or criminal proceedings if they dispose of, alter or destroy the property. 7.5 An officer may arrange to photograph, image or copy, any document or other article they have the power to seize in accordance with paragraph 7.1. This is subject to specific restrictions on the examination, imaging or copying of certain property seized under the Criminal Justice and Police Act 2001, Part 2. An officer must have regard to their statutory obligation to retain an original document or other article only when a photograph or copy is not sufficient. 7.6 If an officer considers information stored in any electronic form and accessible from the premises could be used in evidence, they may require the information to be produced in a form:  which can be taken away and in which it is visible and legible, or  from which it can readily be produced in a visible and legible form. 15 B 35425 Pace Code B Text.indd 16 24/02/2014 10:35 Codes of practice - Code B Searching premises and seizing property (b) Criminal Justice and Police Act 2001: Specific procedures for seize and sift powers 7.7 The Criminal Justice and Police Act 2001, Part 2 gives officers limited powers to seize property from premises or persons so they can sift or examine it elsewhere. Officers must be careful they only exercise these powers when it is essential and they do not remove any more material than necessary. The removal of large volumes of material, much of which may not ultimately be retainable, may have serious implications for the owners, particularly when they are involved in business or activities such as journalism or the provision of medical services. Officers must carefully consider if removing copies or images of relevant material or data would be a satisfactory alternative to removing originals. When originals are taken, officers must be prepared to facilitate the provision of copies or images for the owners when reasonably practicable. (See Note 7C.) 7.8 Property seized under the Criminal Justice and Police Act 2001, sections 50 or 51 must be kept securely and separately from any material seized under other powers. An examination under section 53 to determine which elements may be retained must be carried out at the earliest practicable time, having due regard to the desirability of allowing the person from whom the property was seized, or a person with an interest in the property, an opportunity of being present or represented at the examination. 7.8A All reasonable steps should be taken to accommodate an interested person’s request to be present, provided the request is reasonable and subject to the need to prevent harm to, interference with, or unreasonable delay to the investigatory process. If an examination proceeds in the absence of an interested person who asked to attend or their representative, the officer who exercised the relevant seizure power must give that person a written notice of why the examination was carried out in those circumstances. If it is necessary for security reasons or to maintain confidentiality officers may exclude interested persons from decryption or other processes which facilitate the examination but do not form part of it. (See Note 7D.) 7.9 It is the responsibility of the officer in charge of the investigation to make sure property is returned in accordance with sections 53 to 55. Material which there is no power to retain must be:  separated from the rest of the seized property, and  returned as soon as reasonably practicable after examination of all the seized property. 7.9A Delay is only warranted if very clear and compelling reasons exist, for example:  the unavailability of the person to whom the material is to be returned, or  the need to agree a convenient time to return a large volume of material 7.9B Legally privileged, excluded or special procedure material which cannot be retained must be returned:  as soon as reasonably practicable, and  without waiting for the whole examination. 7.9C As set out in section 58, material must be returned to the person from whom it was seized, except when it is clear some other person has a better right to it. (See Note 7E.) 16 B 35425 Pace Code B Text.indd 17 24/02/2014 10:35 Codes of practice - Code B Searching premises and seizing property 7.10 When an officer involved in the investigation has reasonable grounds to believe a person with a relevant interest in property seized under section 50 or 51 intends to make an application under section 59 for the return of any legally privileged, special procedure or excluded material, the officer in charge of the investigation should be informed as soon as practicable and the material seized should be kept secure in accordance with section 61. (See Note 7C.) 7.11 The officer in charge of the investigation is responsible for making sure property is properly secured. Securing involves making sure the property is not examined, copied, imaged or put to any other use except at the request, or with the consent, of the applicant or in accordance with the directions of the appropriate judicial authority. Any request, consent or directions must be recorded in writing and signed by both the initiator and the officer in charge of the investigation. (See Notes 7F and 7G.) 7.12 When an officer exercises a power of seizure conferred by sections 50 or 51 they shall provide the occupier of the premises or the person from whom the property is being seized with a written notice: (i) specifying what has been seized under the powers conferred by that section; (ii) specifying the grounds for those powers; (iii) setting out the effect of sections 59 to 61 covering the grounds for a person with a relevant interest in seized property to apply to a judicial authority for its return and the duty of officers to secure property in certain circumstances when an application is made, and (iv) specifying the name and address of the person to whom:  notice of an application to the appropriate judicial authority in respect of any of the seized property must be given;  an application may be made to allow attendance at the initial examination of the property. 7.13 If the occupier is not present but there is someone in charge of the premises, the notice shall be given to them. If no suitable person is available, so the notice will easily be found it should either be:  left in a prominent place on the premises, or  attached to the exterior of the premises. (c) Retention 7.14 Subject to paragraph 7.15, anything seized in accordance with the above provisions may be retained only for as long as is necessary. It may be retained, among other purposes: (i) for use as evidence at a trial for an offence; (ii) to facilitate the use in any investigation or proceedings of anything to which it is inextricably linked (see Note 7H); (iii) for forensic examination or other investigation in connection with an offence; (iv) in order to establish its lawful owner when there are reasonable grounds for believing it has been stolen or obtained by the commission of an offence. 7.15 Property shall not be retained under paragraph 7.14(i), (ii) or (iii) if a copy or image would be sufficient. 17 B 35425 Pace Code B Text.indd 20 24/02/2014 10:35 Codes of practice - Code B Searching premises and seizing property 8.2 On each occasion when premises are searched under warrant, the warrant authorising the search on that occasion shall be endorsed to show: (i) if any articles specified in the warrant were found and the address where found; (ii) if any other articles were seized; (iii) the date and time it was executed and if present, the name of the occupier or if the occupier is not present the name of the person in charge of the premises; (iv) subject to paragraph 2.9, the names of the officers who executed it and any authorised persons who accompanied them, and (v) if a copy, together with a copy of the Notice of Powers and Rights was:  handed to the occupier, or  endorsed as required by paragraph 6.8; and left on the premises and where. 8.3 Any warrant shall be returned within three calendar months of its issue or sooner on completion of the search(es) authorised by that warrant, if it was issued by a:  justice of the peace, to the designated officer for the local justice area in which the justice was acting when issuing the warrant; or  judge, to the appropriate officer of the court concerned, 9 Search registers 9.1 A search register will be maintained at each sub-divisional or equivalent police station. All search records required under paragraph 8.1 shall be made, copied, or referred to in the register. (See Note 9A.) Note for guidance 9A Paragraph 9.1 also applies to search records made by immigration officers. In these cases, a search register must also be maintained at an immigration office. (See also Note 2D.) 20 B 35425 Pace Code B Text.indd 21 24/02/2014 10:35 Codes of practice - Code B Searching premises and seizing property 10 Searches under Schedule 5 to the Terrorism Prevention and Investigation Measures Act 2011. 10.1 This Code applies to the powers of constables under Schedule 5 to the Terrorism Prevention and Investigation Measures Act 2011 relating to TPIM notices to enter and search premises subject to the modifications in the following paragraphs. 10.2 In paragraph 2.3(d), the reference to the investigation into an alleged or suspected offence include the enforcement of terrorism prevention and investigation measures which may be imposed on an individual by a TPIM notice in accordance with the Terrorism Prevention and Investigation Measures Act 2011. 10.3 References to the purpose and object of the entry and search of premises, the nature of articles sought and what may be seized and retained include (as appropriate): (a) in relation to the power to search without a search warrant in paragraph 5 (for purposes of serving TPIM notice), finding the individual on whom the notice is to be served. (b) in relation to the power to search without a search warrant in paragraph 6 (at time of serving TPIM notice), ascertaining whether there is anything in the premises, that contravenes measures specified in the notice. (See Note 10A.) (c) in relation to the power to search without a search warrant under paragraph 7 (suspected absconding), ascertaining whether a person has absconded or if there is anything on the premises which will assist in the pursuit or arrest of an individual in respect of whom a TPIM notice is force who is reasonably suspected of having absconded. (d) in relation to the power to search under a search warrant issued under paragraph 8 (for compliance purposes), determining whether an individual in respect of whom a TPIM notice is in force is complying with measures specified in the notice. (See Note 10A.) Note for guidance 10A Searches of individuals under Schedule 5, paragraphs 6(2)(a) (at time of serving TPIM notice) and 8(2)(a) (for compliance purposes) must be conducted and recorded in accordance with Code A. See Code A paragraph 2.18A for details. 21