sec.27Offence related warrant may be granted by telephone

sec.27 Offence related warrant may be granted by telephone

If, because of circumstances of urgency, an inspector considers it necessary to do so, the inspector may, under this section, apply by telephone for a warrant under section 26 . Before applying for the warrant, the inspector must prepare an information of the kind mentioned in section 26 (2) that sets out the grounds on which the issue of the warrant is sought. If it is necessary to do so, an inspector may apply for the warrant before the information has been sworn. If the magistrate is satisfied— after having considered the terms of the information; and after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought; that there are reasonable grounds for issuing the warrant, the magistrate may, under section 26 , complete and sign such warrant as the magistrate would issue under that section if the application had been made under that section. If the magistrate completes and signs the warrant— the magistrate must— tell the inspector what the terms of the warrant are; and tell the inspector the day on which and the time at which the warrant was signed; and record on the warrant the reasons for granting the warrant; and the inspector must— complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and write on the form of warrant the name of the magistrate and the day on which and the time at which the magistrate signed the warrant. The inspector must also, not later than the day after the day of expiry or execution of the warrant (whichever is the earlier), send to the magistrate— the form of warrant completed by the inspector; and the information mentioned in subsection (2) , which must have been duly sworn. When the magistrate receives the documents mentioned in subsection (6) , the magistrate must— attach them to the warrant that the magistrate completed and signed; and deal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 26 . A form of warrant duly completed by the inspector under subsection (5) is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises. If— it is material, in a proceeding, for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and the warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence; the court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant. (sec.27-ssec.1) If, because of circumstances of urgency, an inspector considers it necessary to do so, the inspector may, under this section, apply by telephone for a warrant under section 26 . (sec.27-ssec.2) Before applying for the warrant, the inspector must prepare an information of the kind mentioned in section 26 (2) that sets out the grounds on which the issue of the warrant is sought. (sec.27-ssec.3) If it is necessary to do so, an inspector may apply for the warrant before the information has been sworn. (sec.27-ssec.4) If the magistrate is satisfied— after having considered the terms of the information; and after having received such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought; that there are reasonable grounds for issuing the warrant, the magistrate may, under section 26 , complete and sign such warrant as the magistrate would issue under that section if the application had been made under that section. (sec.27-ssec.5) If the magistrate completes and signs the warrant— the magistrate must— tell the inspector what the terms of the warrant are; and tell the inspector the day on which and the time at which the warrant was signed; and record on the warrant the reasons for granting the warrant; and the inspector must— complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and write on the form of warrant the name of the magistrate and the day on which and the time at which the magistrate signed the warrant. (sec.27-ssec.6) The inspector must also, not later than the day after the day of expiry or execution of the warrant (whichever is the earlier), send to the magistrate— the form of warrant completed by the inspector; and the information mentioned in subsection (2) , which must have been duly sworn. (sec.27-ssec.7) When the magistrate receives the documents mentioned in subsection (6) , the magistrate must— attach them to the warrant that the magistrate completed and signed; and deal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 26 . (sec.27-ssec.8) A form of warrant duly completed by the inspector under subsection (5) is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises. (sec.27-ssec.9) If— it is material, in a proceeding, for a court to be satisfied that an entry, search, seizure or other exercise of power was authorised by this section; and the warrant completed and signed by the magistrate authorising the exercise of power is not produced in evidence; the court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant.