123Warrants—application other than in person

123 Warrants—application other than in person (1) An investigator may apply for a warrant by phone, radio, email, letter or other form of communication if the investigator considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances. (2) Before applying for the warrant, the investigator must prepare an application stating the grounds on which the warrant is sought. (3) The investigator may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately give a written copy to the investigator if it is practicable to do so.

(5) If it is not practicable to give a written copy of the warrant to the investigator— (a) the magistrate must tell the investigator— (i) the terms of the warrant; and (ii) the date and time the warrant was issued; and (b) the investigator must complete a form of warrant (the warrant form) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the warrant’s terms. (6) The written copy of the warrant, or the warrant form properly completed by the investigator, authorises the entry and the exercise of the investigator’s powers under this part. (7) The investigator must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the investigator completed a warrant form—the completed warrant form. (8) On receiving the documents mentioned in subsection (7), the magistrate must attach them to the warrant. (9) A court must find that a power exercised by an investigator was not authorised by a warrant under this section if— (a) the question arises in a proceeding before the court whether the exercise of power was authorised by a warrant; and (b) the warrant is not produced in evidence; and (c) it is not proved that the exercise of power was authorised by a warrant under this section.