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Crimes (Child Sex Offenders) Act 2005
116JRevocation of entry and search warrant
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116J Revocation of entry and search warrant
(1) An entry and search warrant may be revoked at any time before the
end of the period of validity stated in it by the magistrate.
(2) A magistrate may revoke the warrant if satisfied that—
(a) the information supporting the application for the warrant was
false or misleading; or
(b) the warrant contains an error; or
(c) the grounds for issue of the warrant no longer exist; or
(d) revoking the warrant is in the interests of justice.
(3) The magistrate must give notice of the revocation of an entry and
search warrant to the executing officer to whom the warrant was
issued.
(4) If the chief police officer, a deputy chief police officer or a police
officer of or above the rank of sergeant is satisfied that the grounds
for issue of an entry and search warrant to an executing officer no
longer exist, the officer must ensure that an application is made for
the revocation of the warrant under this section.
(5) If the executing officer to whom an entry and search warrant has been
issued, or who is primarily responsible for executing an entry and
search warrant, believes that the grounds for issue of the warrant no
longer exist, the officer must tell the chief police officer, a deputy
chief police officer or a police officer of or above the rank of sergeant
immediately.