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Crimes Act 1900
255Issue of search warrants
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255 Issue of search warrants
(1) If, on the application of a police officer, a magistrate is satisfied that
there are reasonable grounds to believe—
(a) that an offence to which this Act applies has been, or is intended
to be, committed; and
(b) that there is in any premises an object relevant to the
investigation of that offence;
the magistrate may issue a search warrant in respect of those
premises.
(2) An application for the issue of a search warrant may be made either
personally or by telephone.
(3) The grounds of an application for a search warrant shall be verified
by affidavit.
(4) An application for the issue of a search warrant shall not be made by
telephone unless in the opinion of the applicant a search warrant is
urgently required and there is insufficient time to make the
application personally.
(5) If an application for the issue of a search warrant is made by
telephone—
(a) the applicant shall inform the magistrate of his or her name and
of his or her rank and number in the police force, and the
magistrate, on receiving that information, is entitled to assume,
without further inquiry, that the applicant is a police officer; and
(b) the applicant shall inform the magistrate of the grounds on
which he or she seeks the issue of the search warrant; and
(c) if it appears to the magistrate from the information given by the
applicant that there are proper grounds for the issue of a search
warrant—he or she shall inform the applicant of the facts on
which he or she relies as grounds for the issue of the warrant,
and shall not proceed to issue the warrant unless the applicant
undertakes to make an affidavit verifying those facts; and
(d) if the applicant gives the undertaking—the magistrate may then
make out, and sign, a search warrant, noting on the warrant the
facts on which he or she relies as grounds for the issue of the
(e) the search warrant shall be deemed to have been issued, and
shall come into force, when signed by the magistrate; and
(f) the magistrate shall inform the applicant of the terms of the
(g) the applicant shall, as soon as practicable after the issue of the
warrant, forward to the magistrate an affidavit verifying the facts
referred to in paragraph (c).
(6) A magistrate by whom a search warrant is issued shall file the
warrant, or a copy of the warrant, and the affidavit verifying the
grounds on which the application for the warrant was made, in the
Magistrates Court.