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Search Warrant

If you refuse to be interviewed, or to allow a TVL Inspector permission to enter your home, they may claim that they will return with a search warrant.

This is misleading - they may return with a search warrant, but only if a search warrant can be obtained.

Obtaining a Search Warrant

To obtain a search warrant, the TVL employee must submit evidence to support the claim that a licence is required at this property due to the reception of a live television signal.

This may be due to hearing or seeing a television, but is normally based on obtaining an admission that live television has been watched without a licence.

Note that if asked if you "use" a television, you should clarify if they mean "use to receive live television" (which requires a licence) or "use for DVDs/video games/radio/etc" (which do not).

You must receive at least 7 days notice before a warrant can be applied for, although this notice may be given by the TVL employee at the time of their visit (meaning that your property will not be searched for at least a week from the date of the visit).

You may find that TVL decide to wait several months before obtaining a warrant, if they suspect that this will make you assume they have forgotten about this case. However, once issued, the warrant must be executed within one month.

Executing a Search Warrant

If a warrant is obtained, the police will accompany the TVL employee.

Although the TVL employee may imply that the police will force entry to your premises, this is not the case:

"It is not our policy, when administering a search warrant (which we always do in the presence of police officers) to force entry to an address if the occupier is not at home."

TVL FOI Response

The person who submitted this question also asked their local police force, who confirmed that they only accompany the TVL to prevent a breach of the peace - and will not force entry.

This may be due to TVL obtaining a search order, which has several limitations compared to a search warrant (if you have received a search order, or search warrant, from TVL then we would be interesting in knowing which was used).

Most significantly, a search order does not give the holder the right to force entry to the premises. Instead, it requires the person in charge of the premises to provide access or be found in contempt of court. This means that you may safely leave your property unoccupied (e.g., to go on holiday), as no entry will be made in your absence.

If presented with a search warrant, you should be allowed to read the warrant and confirm its details are correct. If the warrant has been incorrectly applied for (e.g., your name or address are incorrect), the police officer will be able to confirm that it is invalid and can not be served.

An example search warrant obtained by TVL can be seen here. Despite its amateurish appearance, this is a valid warrant obtained by TVL.

If served with a search warrant, you may wish to record the search with a camera to ensure you have an accurate record of what takes place (e.g., to ensure that a de-tuned television is not re-tuned by a TVL employee) and to ensure that the search was carried out in accordance with the terms of the warrant.

 

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