SCHEDULE 1 - Provisions Relati SCHEDULE 1 - Provisions Relating to Search Warrants

Sections 40 (5) and 53 (6)

1.   Applications for warrants

(1) Except as provided by sections 41 and 54 , an application for a search warrant is to be made in writing.

(2) A magistrate is not to issue a search warrant unless –

(a) the application for the warrant sets out the grounds for seeking the warrant; and

(b) the applicant has given the magistrate, either orally or in writing, any further information the magistrate requires concerning the grounds for seeking the warrant; and

(c) the information given by the applicant is –

(i) if the application is made by the applicant in person – verified before the magistrate on oath or by affidavit; or

(ii) if the application is made by the applicant by telephone – verified by a statement to the magistrate that the information is true.

2.   Record of proceedings before magistrate

(1) A magistrate who issues a search warrant is to cause a record to be made of all relevant particulars of the grounds the magistrate has relied on to justify the issue of the warrant.

(2) Any matter that might disclose the identity of a person is not to be recorded pursuant to this clause if the magistrate is satisfied that the safety of any person might thereby be jeopardized.

3.   Duty to show warrants

(1) In this clause occupier includes a person in charge of premises.

(2) A person executing a search warrant is to produce the warrant for inspection by an occupier of the premises if requested to do so by that occupier.