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Police Administration Act 1978
117Search warrants
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117 Search warrants
(1) Where an information on oath is laid before a justice of the peace
alleging that there are reasonable grounds for believing that
anything connected with an offence may be concealed on the
person of, in the clothing that is being worn by or in any property in
the immediate control of, a person, the justice of the peace may
issue a search warrant authorising a member of the Police Force
named in the warrant to search the person of, the clothing that is
being worn by or property in the immediate control of, the person
and seize any such thing that he may find in the course of the
search.
(2) Where an information on oath is laid before a justice of the peace
alleging that there are reasonable grounds for believing that there is
at a place anything relating to an offence, the justice of the peace
may issue a search warrant authorising a member of the Police
Force named in the warrant to enter and search the place and seize
anything relating to an offence found in the course of the search at
the place.
Police Administration Act 1978 83
(3) A justice of the peace shall not issue a warrant under subsection (1)
or (2) in relation to an information unless:
(a) the information sets out or has attached to it a written
statement of the grounds upon which the issue of the warrant
is sought;
(b) the informant or some other person has given to the justice of
the peace, either orally or by affidavit, such further information,
if any, as the justice of the peace requires concerning the
grounds on which the issue of the warrant is being sought;
and
(c) the justice of the peace is satisfied that there are reasonable
grounds for issuing the warrant.
(4) Where a justice of the peace issues a warrant under subsection (1)
or (2) he shall record in writing the grounds upon which he relied to
justify the issue of the warrant.
(5) There shall be stated in the warrant issued under this section the
following particulars:
(a) the purpose for which the search or entry is authorised;
(b) a description of the nature of the things authorised to be
seized; and
(c) the date, not being a date later than 14 days after the date of
issue of the warrant, upon which the warrant ceases to have
effect.
(6) A member may, at any time before a warrant issued under
subsection (1) or (2) is executed, make application to a justice of
the peace to withdraw the warrant.