Warrant to Search for Obscene Publications

Obscene Publications Act 1959, s.3

Warrant: Yes
Force: No
Notice: No

A justice of the peace may issue a warrant authorising a constable to search premises and seize and remove any articles found that the constable has reason to believe are obscene articles kept for publication for gain. The Act applies to physical articles and, through later amendment, digital material.

Conditions

Application to a justice of the peace on sworn information
Reasonable grounds to believe obscene articles kept for publication for gain are on the premises

Limitations

Articles seized must be brought before the court for a forfeiture order
Owner and occupier must be given an opportunity to show cause why articles should not be forfeited
Modern prosecutions of online material often use PACE rather than this Act

Last updated 24 September 2026