342Authority conferred by and other incidents of a search warrant

342 Authority conferred by and other incidents of a search warrant

S. 342(1) amended by No. 37/2014 s. 10(Sch. item 36.11).

(1) A search warrant authorises any police officer, with such assistants as he or she thinks necessary, to enter and search the premises to which the warrant relates, and anything in those premises.

(2) Subject to any direction by a magistrate authorising execution of a search warrant at night, or during specified hours of the night, it must not be executed at night.

S. 342(3) amended by No. 37/2014 s. 10(Sch. item 36.11).

(3) A police officer, or a person assisting him or her, may use such force as is reasonably necessary for the execution of a search warrant.

S. 342(4) amended by No. 37/2014 s. 10(Sch. item 36.11).

(4) A police officer executing a search warrant may seize and remove any object that he or she believes on reasonable grounds to be relevant to the investigation of the offence in relation to which the warrant was issued.

(5) An object seized and removed under subsection (4) must be dealt with in accordance with arrangements in force under section 344.

S. 342(6) amended by No. 37/2014 s. 10(Sch. item 36.11).

(6) A police officer who executes a search warrant—

(a) must prepare a notice in the prescribed form containing—

(i) his or her own name and rank;

(ii) the name of the magistrate who issued the warrant and the date and time of its issue; and

(iii) a description of any objects seized and removed in pursuance of the warrant; and

(b) as soon as practicable, after the execution of the warrant, must give the notice to the occupier (if any) of the premises in respect of which the warrant was issued or leave it for him or her in a prominent position on those premises.

(7) A search warrant, if not executed at the expiration of one month from the date of its issue, then expires.

New s. 343 inserted by No. 70/1987 s. 4,
(Sch. 2 item 67), 48/1997
s. 60(1)(Sch. 1 item 98).