62Information in, and consideration of, application for warrant

#### 62 Information in, and consideration of, application for warrant 62 Information in, and consideration of, application for warrant (cf [Search Warrants Act 1985](/view/html/repealed/current/act-1985-037), s 12A, former LEPRA, s 62) > > (1) An eligible issuing officer must not issue a warrant unless the application for the warrant includes the following information— > > > > > (a) the name of the applicant and details of the authority of the applicant to make the application for the warrant, > > > > > (b) particulars of the grounds on which the application is based, including (without limitation) the nature of the searchable offence or other offence involved, > > > > > (c) the address or other description of the subject premises, > > > > > (d) if the warrant is required to search for a particular thing—a full description of that thing and, if known, its location, > > > > > (e) if the warrant is required to search for a kind of thing—a description of the kind of thing, > > > > > (f) if a previous application for the same warrant was refused—details of the refusal and any additional information required by section 64, > > > > > (g) any other information required by the regulations. > > > (2) In addition, an eligible issuing officer must not issue a covert search warrant unless the application for the warrant includes the following information— > > > > > (a) the name of the following persons— > > > > > > > (i) the occupier (if known) of the subject premises, > > > > > > > (ii) any person believed to have committed, or to be intending to commit, the searchable offence in respect of which the application is made, > > > > > (b) whether the occupier is believed to be knowingly concerned with the commission of that searchable offence, > > > > > (c) if it is proposed that premises adjoining or providing access to the subject premises be entered for the purposes of entering the subject premises—the address or other description of the premises that adjoin or provide such access and particulars of the grounds on which entry to those premises is required, > > > > > (d) any powers proposed to be exercised on entry to the subject premises that are sought to be authorised by the warrant under section 47A(2)(d), > > > > > (e) details of any covert search warrant that has previously been issued in respect of the subject premises. > > > (2A) In addition, an eligible issuing officer must not issue a criminal organisation search warrant unless the application for the warrant includes the following information— > > > > > (a) the name of the following persons— > > > > > > > (i) the occupier (if known) of those premises, > > > > > > > (ii) any person believed to have committed, or to be intending to commit, the searchable offence in respect of which the application is made, > > > > > (b) whether the occupier is believed to be knowingly concerned with the commission of the searchable offence. > > > (3) An eligible issuing officer, when determining whether there are reasonable grounds to issue a warrant, is to consider (but is not limited to considering) the following matters— > > > > > (a) the reliability of the information on which the application is based, including the nature of the source of the information, > > > > > (b) if the warrant is required to search for a thing in relation to an alleged offence—whether there is sufficient connection between the thing sought and the offence. > > > (4) In addition, an eligible issuing officer, when determining whether there are reasonable grounds to issue a covert search warrant, is to consider the following matters— > > > > > (a) the extent to which it is necessary for the entry and search of those premises to be conducted without the knowledge of any occupier of the premises, > > > > > (b) the nature and gravity of the searchable offence in respect of which the application is made, > > > > > (c) the extent to which the privacy of a person who is not believed to be knowingly concerned in the commission of the searchable offence is likely to be affected if the warrant is issued, > > > > > (d) whether any conditions should be imposed by the eligible issuing officer in relation to the execution of the warrant, > > > > > (e) if it is proposed that premises adjoining or providing access to the subject premises be entered for the purposes of entering the subject premises— > > > > > > > (i) whether this is reasonably necessary in order to enable access to the subject premises, or > > > > > > > (ii) whether this is reasonably necessary in order to avoid compromising the investigation of the searchable offence or other offence. > > > (5) The applicant must provide (either orally or in writing) such further information as the eligible issuing officer requires concerning the grounds on which the warrant is being sought. > > > (6) Nothing in this section requires an applicant for a warrant to disclose the identity of a person from whom information was obtained if the applicant is satisfied that to do so might jeopardise the safety of any person. > > **s 62:** Subst 2009 No 8, Sch 1 \[14\]. Am 2009 No 37, Sch 1.6 \[1\]; 2009 No 23, Sch 2 \[11\].