sec.23Entry and search—evidence of offences

sec.23 Entry and search—evidence of offences

Subject to subsection (3) , if an inspector has reasonable grounds for suspecting that there is in or on a place a particular thing ( the evidence ) that may afford evidence of the commission of an offence against this Act, the inspector may— enter or board the place; and exercise the powers set out in section 24 . If an inspector enters or boards the place and finds the evidence, the following provisions have effect— the inspector may seize the evidence; subject to section 35 , the inspector may keep the evidence for 1 year or, if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceedings for the offence and of any appeal from the decision in relation to the proceedings; if the evidence is a document—while the inspector has possession of the document, the inspector may take extracts from and make copies of the document but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the inspector’s possession. An inspector must not enter or board the place or exercise a power under subsection (1) unless— the occupier (if any) of the place consents to the entry or boarding or exercise of the power; or a warrant under section 26 that was issued in relation to the evidence authorises the entry or boarding or exercise of the power. If in the course of searching the place under subsection (1) under a warrant under section 26 , an inspector— finds a thing that the inspector believes, on reasonable grounds to be— a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or a thing that will afford evidence of the commission of another offence against this Act; and the inspector believes, on reasonable grounds, that it is necessary to seize the thing to prevent— its concealment, loss or destruction; or its use in committing, continuing or repeating the offence mentioned in subsection (1) , or the other offence, as the case may be; subsection (2) applies to the thing as if it were the evidence. s 23 amd 1996 No. 56 s 103 (sec.23-ssec.1) Subject to subsection (3) , if an inspector has reasonable grounds for suspecting that there is in or on a place a particular thing ( the evidence ) that may afford evidence of the commission of an offence against this Act, the inspector may— enter or board the place; and exercise the powers set out in section 24 . (sec.23-ssec.2) If an inspector enters or boards the place and finds the evidence, the following provisions have effect— the inspector may seize the evidence; subject to section 35 , the inspector may keep the evidence for 1 year or, if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is instituted within that period, until the completion of the proceedings for the offence and of any appeal from the decision in relation to the proceedings; if the evidence is a document—while the inspector has possession of the document, the inspector may take extracts from and make copies of the document but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the inspector’s possession. (sec.23-ssec.3) An inspector must not enter or board the place or exercise a power under subsection (1) unless— the occupier (if any) of the place consents to the entry or boarding or exercise of the power; or a warrant under section 26 that was issued in relation to the evidence authorises the entry or boarding or exercise of the power. (sec.23-ssec.4) If in the course of searching the place under subsection (1) under a warrant under section 26 , an inspector— finds a thing that the inspector believes, on reasonable grounds to be— a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or a thing that will afford evidence of the commission of another offence against this Act; and the inspector believes, on reasonable grounds, that it is necessary to seize the thing to prevent— its concealment, loss or destruction; or its use in committing, continuing or repeating the offence mentioned in subsection (1) , or the other offence, as the case may be; subsection (2) applies to the thing as if it were the evidence.