(1) If a justice of the peace or, in Scotland, the Sheriff, is satisfied by information on oath that there is reasonable ground for suspecting
(a) that an offence relevant for the purposes of this section has been, is being, or is about to be committed; or
(b) that, in connection with a firearm or ammunition, there is a danger to the public safety or to the peace,

he may grant a warrant for any of the purposes mentioned in subsection (2) below.

(2) A warrant under this section may authorise a constable or civilian officer-
(a) to enter at any time any premises or place named in the warrant, if necessary by force, and to search the premises or place and every person found there;
(b) to seize and detain anything which he may find on the premises or place, or on any such person, in respect of which or in connection with which he has reasonable ground for suspecting-
(i) that an offence relevant for the purposes of this section has been, is being or is about to be committed; or
(ii) that in connection with a firearm, imitation firearm or ammunition there is a danger to the public safety peace.

(5) It is an offence for any person intentionally to obstruct a constable or civilian officer in the exercise of his powers under this section.

Arrest without warrant

Summary only

Maximum 6 months imprisonment

And/or fine not exceeding level 5

- intentionally
- obstructed
- constable / civilian officer
- whilst exercising his / her powers under s46

Yes - Irrespective of the defendants account the police have the authority to charge as it is a Summary Only offence.

Relevant Offences - The offences relevant for the purposes of this section are all offences under this Act except an offence under section 22(3) or an offence relating specifically to air weapons.

Civilian Officer - A person employed by a police authority or the Corporation of City of London who is under the direction and control of a chief of police.