sec.336Application for retrieval warrant

### sec.336 Application for retrieval warrant A law enforcement officer may apply for the issue of a retrieval warrant in relation to a surveillance device or enhancement equipment— that was lawfully installed on premises, or in or on a vehicle or object, under— a surveillance device warrant; or a tracking device authorisation; or a surveillance device authorisation under the Public Safety Preservation Act 1986 ; and that the law enforcement officer reasonably believes is still on those premises or in or on that vehicle or object, or on other premises or in or on another vehicle or object. The application may be made to— a Supreme Court judge in any case; or a magistrate for an application for a retrieval warrant— that authorises the retrieval of a tracking device only; and that does not authorise covert entry to a building by a person retrieving it. The application must be sworn and state the grounds on which the warrant is sought. The applicant must advise the public interest monitor of the application under arrangements decided by the monitor. The judge or magistrate may refuse to consider the application until the applicant gives the judge all the information the judge or magistrate requires about the application in the way the judge or magistrate requires. s 336 ins 2005 No. 45 s 12 amd 2017 No. 30 s 11 (sec.336-ssec.1) A law enforcement officer may apply for the issue of a retrieval warrant in relation to a surveillance device or enhancement equipment— that was lawfully installed on premises, or in or on a vehicle or object, under— a surveillance device warrant; or a tracking device authorisation; or a surveillance device authorisation under the Public Safety Preservation Act 1986 ; and that the law enforcement officer reasonably believes is still on those premises or in or on that vehicle or object, or on other premises or in or on another vehicle or object. (sec.336-ssec.2) The application may be made to— a Supreme Court judge in any case; or a magistrate for an application for a retrieval warrant— that authorises the retrieval of a tracking device only; and that does not authorise covert entry to a building by a person retrieving it. (sec.336-ssec.3) The application must be sworn and state the grounds on which the warrant is sought. (sec.336-ssec.4) The applicant must advise the public interest monitor of the application under arrangements decided by the monitor. (sec.336-ssec.5) The judge or magistrate may refuse to consider the application until the applicant gives the judge all the information the judge or magistrate requires about the application in the way the judge or magistrate requires. - (a) that was lawfully installed on premises, or in or on a vehicle or object, under— (i) a surveillance device warrant; or (ii) a tracking device authorisation; or (iii) a surveillance device authorisation under the Public Safety Preservation Act 1986 ; and - (i) a surveillance device warrant; or - (ii) a tracking device authorisation; or - (iii) a surveillance device authorisation under the Public Safety Preservation Act 1986 ; and - (b) that the law enforcement officer reasonably believes is still on those premises or in or on that vehicle or object, or on other premises or in or on another vehicle or object. - (i) a surveillance device warrant; or - (ii) a tracking device authorisation; or - (iii) a surveillance device authorisation under the Public Safety Preservation Act 1986 ; and - (a) a Supreme Court judge in any case; or - (b) a magistrate for an application for a retrieval warrant— (i) that authorises the retrieval of a tracking device only; and (ii) that does not authorise covert entry to a building by a person retrieving it. - (i) that authorises the retrieval of a tracking device only; and - (ii) that does not authorise covert entry to a building by a person retrieving it. - (i) that authorises the retrieval of a tracking device only; and - (ii) that does not authorise covert entry to a building by a person retrieving it.