237Secretary may apply for warrant

237 Secretary may apply for warrant S. 237(1) amended by No. 37/2014 s. 10(Sch. item 18.8). (1) The Secretary may apply to the Court for the issue of a search warrant to authorise a police officer to enter any premises where a child is believed to be located and search for and apprehend the child to enable the Secretary to exercise his or her powers under a temporary assessment order. S. 237(2) amended by Nos 37/2014 s. 10(Sch. item 18.8), 6/2018 s. 68(Sch. 2 item 20.1). (2) The Court may grant the search warrant if the Court is satisfied by evidence on oath or by affirmation or by affidavit by the Secretary that it is necessary to issue the warrant to authorise a police officer to enter any premises where a child is believed to be located and search for and apprehend the child to enable the Secretary to exercise his or her powers under a temporary assessment order. S. 237(3) amended by No. 37/2014 s. 10(Sch. item 18.8). (3) The search warrant authorises a police officer to whom it is directed to use reasonable force to enter any premises where a child to whom the temporary assessment order relates is believed to be located, by force if necessary, and search for and apprehend the child and bring the child to the Secretary to enable the Secretary to exercise his or her powers under the temporary assessment order. S. 237(4) amended by No. 37/2014 s. 10(Sch. item 18.8). (4) The search warrant is executed only when the police officer enters the premises where the child is actually located. S. 237(5) amended by No. 37/2014 s. 10(Sch. item 18.8). (5) On executing a search warrant, the police officer executing the warrant— (a) must announce that he or she is authorised by the warrant to enter the place; and S. 237(5)(b) amended by No. 37/2014 s. 10(Sch. item 18.8). (b) if the police officer has been unable to obtain unforced entry, must give any person at the place an opportunity to allow entry to the place. S. 237(6) amended by No. 37/2014 s. 10(Sch. item 18.8). (6) A police officer need not comply with subsection (5) if he or she believes on reasonable grounds that immediate entry to the place is required to ensure— (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. (7) Unless executed earlier, a search warrant issued under this section remains in force for the duration of the temporary assessment order. (8) Subject to this section, the rules that apply to search warrants under the **Magistrates' Court Act 1989** extend and apply to a search warrant under this section.