sec.200OAdditional procedure if electronic application

sec.200O Additional procedure if electronic application

For an application under section 200N , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 200N ; and the way the application was made under section 200N was appropriate. After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or otherwise— the magistrate must tell the authorised officer the information mentioned in section 200M (2) ; and the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 200M (2) provided by the magistrate. The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant. The authorised officer must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 200L (2) and (3) ; and if the authorised officer completed a form of warrant under subsection (2) (b) —the completed form of warrant. The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court. Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power. This section does not limit section 200L . In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 . s 200O ins 2016 No. 9 s 44 amd 2019 No. 19 s 81 sch 1 (sec.200O-ssec.1) For an application under section 200N , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 200N ; and the way the application was made under section 200N was appropriate. (sec.200O-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or otherwise— the magistrate must tell the authorised officer the information mentioned in section 200M (2) ; and the authorised officer must complete a form of warrant, including by writing on it the information mentioned in section 200M (2) provided by the magistrate. (sec.200O-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant. (sec.200O-ssec.4) The authorised officer must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 200L (2) and (3) ; and if the authorised officer completed a form of warrant under subsection (2) (b) —the completed form of warrant. (sec.200O-ssec.5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court. (sec.200O-ssec.6) Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power. (sec.200O-ssec.7) This section does not limit section 200L . (sec.200O-ssec.8) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .