25Search warrants

25 Search warrants

(1)  An inspector may apply to a justice of the peace for the issue of a search warrant in respect of premises if –

(a) it appears to the inspector that the premises, or any part of them, are used for residential purposes; and

(b) the inspector proposes to, and has reasonable grounds for proposing to, exercise a power under section 23 in respect of the premises; and

(c) the occupier of the premises has refused to allow the inspector entry to the premises for that purpose, or the inspector believes on reasonable grounds that the occupier is not likely to allow such entry.

(2)  If a justice of the peace is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for doing so, the justice may issue a search warrant authorising an inspector named in the warrant, and any assistants the inspector considers necessary, to enter the premises and exercise all or specified powers of an inspector under section 23 in respect of the premises.

(3)  In addition to any other requirement, a search warrant issued under this section must state –

(a) the grounds for the issue of the warrant; and

(b) the premises to be searched; and

(c) any conditions to which the warrant is subject; and

(d) whether entry is authorised to be made at any time or during stated hours; and

(e) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

(4)  [Section 25 Subsection (4) omitted by No. 22 of 2024, s. 18, Applied:08 Nov 2024] .  .  .  .  .  .  .  .  

(5)  Before executing a search warrant, the inspector named in the warrant or a person assisting the inspector must announce that he or she is authorised by the warrant to enter the premises and give any person at the premises an opportunity to allow entry to the premises.

(6)  The inspector or a person assisting the inspector need not comply with if he or she believes on reasonable grounds that immediate entry to the premises is required to ensure that the effective execution of the search warrant is not frustrated.