92Search for stolen goods

92 Search for stolen goods

S. 92(1) substituted by No. 25/2009 s. 3(1), amended by No. 6/2018 s. 68(Sch. 2 item 35.1).

(1) If a magistrate is satisfied by evidence on oath or by affirmation or by affidavit that there is reasonable cause to believe that any person has—

(a) in the custody or possession of the person; or

(b) on any premises (including any vehicle on or in those premises) of the person; or

(c) on or in a particular vehicle located in a public place—

any stolen goods, the magistrate may grant a warrant to search for and seize those goods.

S. 92(1A) inserted by No. 25/2009 s. 3(1).

(1A) A warrant issued under subsection (1) must be addressed to a constable unless the warrant is issued under the authority of an enactment that expressly provides otherwise.

S. 92(2) amended by No. 37/2014 s. 10(Sch. item 36.7).

(2) A police officer not below the rank of inspector may give a constable written authority to search any premises for stolen goods—

(a) if the person in occupation of the premises has been convicted within the preceding five years of handling stolen goods or of any offence involving dishonesty and punishable with imprisonment; or

(b) if a person who has been convicted within the preceding five years of handling stolen goods has within the preceding twelve months been in occupation of the premises.

S. 92(3) substituted by No. 25/2009 s. 3(2).

(3) If under this section a person is authorised to search premises or a particular vehicle located in a public place for stolen goods, he or she may enter and search the premises or the vehicle accordingly, and may seize any goods the person believes to be stolen goods.

(4) This section is to be construed in accordance with section 90 and in subsection (2) the references to handling stolen goods shall include any corresponding offence committed before the commencement of the Crimes (Theft) Act 1973.

S. 92(5) inserted by No. 25/2009 s. 3(3).

S. 93 substituted by No. 8425 s. 2(1)(b).