Search Warrants Can Now Be Executed on Sundays Under New Legislation

Parliament has approved amendments to the Magistrate’s Court Act that significantly expand the circumstances under which law enforcement officers may obtain and execute search warrants.

The Magistrate’s Court (Amendment) Bill 2026 was passed during Tuesday’s sitting of the House of Representatives after lawmakers argued that the existing legislation had become outdated and limited the ability of police to investigate criminal activity effectively.

Attorney General Steadroy Benjamin, who piloted the legislation, said the amendments were intended to modernize investigative procedures and provide law enforcement agencies with greater flexibility when pursuing evidence.

Under the revised law, search warrants may now be issued in relation to any offence, removing restrictions that previously limited their use to specified categories of crimes.

The amendments also authorize the execution of search warrants on Sundays, a change government lawmakers argued was necessary to prevent suspects from using weekends to evade investigations or dispose of evidence.

Another significant change allows investigators to seize evidence discovered during the execution of a warrant, even if that material was not specifically identified in the original warrant application, provided it relates to the commission of an offence.

Government members said the reforms would strengthen the ability of police officers and prosecutors to investigate criminal activity and improve the efficiency of criminal investigations.

During debate, supporters argued that criminals increasingly exploit procedural gaps and that law enforcement agencies require modern investigative tools to respond effectively to evolving criminal activity.

Opposition members generally supported the legislation but raised concerns about ensuring that expanded search powers remain subject to appropriate judicial oversight and constitutional safeguards.

Benjamin maintained that the amendments preserve the requirement for judicial authorization and do not remove the role of magistrates in determining whether a warrant should be issued.

The bill formed part of a broader legislative agenda considered by Parliament, which also included the Fatal Accidents Bill, the Electronic Crimes Amendment Bill and the Immigration and Passport Amendment Bill.

The amendments are expected to take effect following assent and publication, providing police and other authorized law enforcement agencies with expanded powers to obtain and execute search warrants throughout Antigua and Barbuda.

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