sec.357Report to judge or magistrate

### sec.357 Report to judge or magistrate A law enforcement officer to whom a warrant is issued, or who is primarily responsible for executing a warrant issued, under this chapter must make a report as required under this section. The report must be made to the judge or magistrate who issued the warrant or to the public interest monitor as stated in the warrant. The report must be made— within the time stated in the warrant; or if the warrant is revoked before the end of the time stated in the warrant—as soon as practicable after the warrant is revoked and within the time stated in the warrant. For a surveillance device warrant, the report must— state whether the warrant was executed; and if so— state the name of each person involved in the execution of the warrant; and state the kind of surveillance device used; and state the period when the device was used; and state the name, if known, of any person whose conversations or activities were overheard, recorded, monitored, listened to or observed by the use of the device; and state the name, if known, of any person whose geographical location was found by the use of a tracking device; and give details of any premises on which the device was installed or any place where the device was used; and give details of any vehicle or object in or on which the device was installed or any premises where the vehicle or object was located when the device was installed; and give details of the benefit to the investigation of the use of the device and of the general use made or to be made of any evidence or information obtained by the use of the device; and give details of the compliance with the conditions, if any, to which the warrant was subject; and if the warrant was extended or varied, state— the number of extensions or variations; and the reasons for them; and if written notice was given to the public interest monitor under section 335 , state the reasons for the notice. For a retrieval warrant, the report must— give details of any premises entered, anything opened and any vehicle or object removed and replaced under the warrant; and state whether the surveillance device was retrieved under the warrant; and if the device was not retrieved, state the reason that the device was not retrieved; and give details of the compliance with the conditions, if any, to which the warrant was subject; and if written notice was given to the public interest monitor under section 342 , state the reasons for the notice. If a report is given to the public interest monitor, the monitor may refer the report to a judge or magistrate for the purpose of an order being made under subsection (7) . On receiving a report, the judge or magistrate may order that any information obtained from or relating to the execution of the warrant or any record of that information be dealt with in the way stated in the order. The function imposed on a law enforcement officer by subsection (1) may be performed by the person for the time being occupying or acting in the office or position held by the law enforcement officer. Provision for a statutory function to be performed by a person acting in an office is also made by the Acts Interpretation Act 1954 , section 23 (2) . s 357 ins 2005 No. 45 s 12 amd 2017 No. 30 s 47 sch 1 (sec.357-ssec.1) A law enforcement officer to whom a warrant is issued, or who is primarily responsible for executing a warrant issued, under this chapter must make a report as required under this section. (sec.357-ssec.2) The report must be made to the judge or magistrate who issued the warrant or to the public interest monitor as stated in the warrant. (sec.357-ssec.3) The report must be made— within the time stated in the warrant; or if the warrant is revoked before the end of the time stated in the warrant—as soon as practicable after the warrant is revoked and within the time stated in the warrant. (sec.357-ssec.4) For a surveillance device warrant, the report must— state whether the warrant was executed; and if so— state the name of each person involved in the execution of the warrant; and state the kind of surveillance device used; and state the period when the device was used; and state the name, if known, of any person whose conversations or activities were overheard, recorded, monitored, listened to or observed by the use of the device; and state the name, if known, of any person whose geographical location was found by the use of a tracking device; and give details of any premises on which the device was installed or any place where the device was used; and give details of any vehicle or object in or on which the device was installed or any premises where the vehicle or object was located when the device was installed; and give details of the benefit to the investigation of the use of the device and of the general use made or to be made of any evidence or information obtained by the use of the device; and give details of the compliance with the conditions, if any, to which the warrant was subject; and if the warrant was extended or varied, state— the number of extensions or variations; and the reasons for them; and if written notice was given to the public interest monitor under section 335 , state the reasons for the notice. (sec.357-ssec.5) For a retrieval warrant, the report must— give details of any premises entered, anything opened and any vehicle or object removed and replaced under the warrant; and state whether the surveillance device was retrieved under the warrant; and if the device was not retrieved, state the reason that the device was not retrieved; and give details of the compliance with the conditions, if any, to which the warrant was subject; and if written notice was given to the public interest monitor under section 342 , state the reasons for the notice. (sec.357-ssec.6) If a report is given to the public interest monitor, the monitor may refer the report to a judge or magistrate for the purpose of an order being made under subsection (7) . (sec.357-ssec.7) On receiving a report, the judge or magistrate may order that any information obtained from or relating to the execution of the warrant or any record of that information be dealt with in the way stated in the order. (sec.357-ssec.8) The function imposed on a law enforcement officer by subsection (1) may be performed by the person for the time being occupying or acting in the office or position held by the law enforcement officer. Provision for a statutory function to be performed by a person acting in an office is also made by the Acts Interpretation Act 1954 , section 23 (2) . - (a) within the time stated in the warrant; or - (b) if the warrant is revoked before the end of the time stated in the warrant—as soon as practicable after the warrant is revoked and within the time stated in the warrant. - (a) state whether the warrant was executed; and - (b) if so— (i) state the name of each person involved in the execution of the warrant; and (ii) state the kind of surveillance device used; and (iii) state the period when the device was used; and (iv) state the name, if known, of any person whose conversations or activities were overheard, recorded, monitored, listened to or observed by the use of the device; and (v) state the name, if known, of any person whose geographical location was found by the use of a tracking device; and (vi) give details of any premises on which the device was installed or any place where the device was used; and (vii) give details of any vehicle or object in or on which the device was installed or any premises where the vehicle or object was located when the device was installed; and (viii) give details of the benefit to the investigation of the use of the device and of the general use made or to be made of any evidence or information obtained by the use of the device; and (ix) give details of the compliance with the conditions, if any, to which the warrant was subject; and - (i) state the name of each person involved in the execution of the warrant; and - (ii) state the kind of surveillance device used; and - (iii) state the period when the device was used; and - (iv) state the name, if known, of any person whose conversations or activities were overheard, recorded, monitored, listened to or observed by the use of the device; and - (v) state the name, if known, of any person whose geographical location was found by the use of a tracking device; and - (vi) give details of any premises on which the device was installed or any place where the device was used; and - (vii) give details of any vehicle or object in or on which the device was installed or any premises where the vehicle or object was located when the device was installed; and - (viii) give details of the benefit to the investigation of the use of the device and of the general use made or to be made of any evidence or information obtained by the use of the device; and - (ix) give details of the compliance with the conditions, if any, to which the warrant was subject; and - (c) if the warrant was extended or varied, state— (i) the number of extensions or variations; and (ii) the reasons for them; and - (i) the number of extensions or variations; and - (ii) the reasons for them; and - (d) if written notice was given to the public interest monitor under section 335 , state the reasons for the notice. - (i) state the name of each person involved in the execution of the warrant; and - (ii) state the kind of surveillance device used; and - (iii) state the period when the device was used; and - (iv) state the name, if known, of any person whose conversations or activities were overheard, recorded, monitored, listened to or observed by the use of the device; and - (v) state the name, if known, of any person whose geographical location was found by the use of a tracking device; and - (vi) give details of any premises on which the device was installed or any place where the device was used; and - (vii) give details of any vehicle or object in or on which the device was installed or any premises where the vehicle or object was located when the device was installed; and - (viii) give details of the benefit to the investigation of the use of the device and of the general use made or to be made of any evidence or information obtained by the use of the device; and - (ix) give details of the compliance with the conditions, if any, to which the warrant was subject; and - (i) the number of extensions or variations; and - (ii) the reasons for them; and - (a) give details of any premises entered, anything opened and any vehicle or object removed and replaced under the warrant; and - (b) state whether the surveillance device was retrieved under the warrant; and - (c) if the device was not retrieved, state the reason that the device was not retrieved; and - (d) give details of the compliance with the conditions, if any, to which the warrant was subject; and - (e) if written notice was given to the public interest monitor under section 342 , state the reasons for the notice.