41Telephone warrants in respect of tainted property

### 41 Telephone warrants in respect of tainted property > > (1)  Subject to this section – > > > > > > (a) an application under [section 40](#GS40@EN) [(1)](#GS40@Gs1@EN) may be made by telephone if the applicant is of or above the rank of sergeant; and > > > > > > > (b) a magistrate may, under [section 40](#GS40@EN) [(2)](#GS40@Gs2@EN) , issue a search warrant that has been applied for by telephone. > > > (2)  A magistrate issues a search warrant that has been applied for by telephone by stating the terms of the warrant. > > > (3)  A magistrate is not to issue a search warrant under [section 40](#GS40@EN) that has been applied for by telephone if the magistrate is of the opinion that it would be practicable in the circumstances for the police officer to apply to a magistrate for the warrant in person. > > > (4)  A magistrate who issues a search warrant under [section 40](#GS40@EN) that has been applied for by telephone is to cause a record to be made in writing of – > > > > > > (a) the name and rank of the police officer who applied for the warrant; and > > > > > > > (b) the location of that police officer at the time the application was made; and > > > > > > > (c) the reasons given by the applicant as to why it was not practicable in the circumstances for the applicant to apply to a magistrate for a warrant in person; and > > > > > > > (d) the terms of the warrant as stated to the police officer to whom it was issued; and > > > > > > > (e) the date and time the warrant was issued. > > > (5)  A police officer perfects a search warrant issued to the officer by telephone by – > > > > > > (a) causing a record to be made in writing setting out the terms of the warrant; and > > > > > > > (b) endorsing the record with the name of the magistrate by whom, and the date and time when, the warrant was issued.