sec.460When notice of application need not be given etc.

### sec.460 When notice of application need not be given etc. This section applies if the magistrate is satisfied— a police officer has made a reasonable attempt to locate the person to whom the application relates and was unable to locate the person; or the person is likely to abscond if given notice of the application; or evidence that may be obtained by performing the forensic procedure to which the application relates on the person is likely to be lost or destroyed if the person is given notice of the application; or giving notice of the application to the person may jeopardise the investigation of any indictable offence the person is suspected of having committed because— evidence relating to the offence may be concealed, fabricated or destroyed; or a witness may be intimidated; or an accomplice or accessory of the person may take steps to avoid apprehension. The person is not entitled to be given notice of the application under section 459 or to be heard on the application. s 460 (prev s 250) renum 2000 No. 22 s 17 sub 2003 No. 49 s 10 (sec.460-ssec.1) This section applies if the magistrate is satisfied— a police officer has made a reasonable attempt to locate the person to whom the application relates and was unable to locate the person; or the person is likely to abscond if given notice of the application; or evidence that may be obtained by performing the forensic procedure to which the application relates on the person is likely to be lost or destroyed if the person is given notice of the application; or giving notice of the application to the person may jeopardise the investigation of any indictable offence the person is suspected of having committed because— evidence relating to the offence may be concealed, fabricated or destroyed; or a witness may be intimidated; or an accomplice or accessory of the person may take steps to avoid apprehension. (sec.460-ssec.2) The person is not entitled to be given notice of the application under section 459 or to be heard on the application. - (a) a police officer has made a reasonable attempt to locate the person to whom the application relates and was unable to locate the person; or - (b) the person is likely to abscond if given notice of the application; or - (c) evidence that may be obtained by performing the forensic procedure to which the application relates on the person is likely to be lost or destroyed if the person is given notice of the application; or - (d) giving notice of the application to the person may jeopardise the investigation of any indictable offence the person is suspected of having committed because— (i) evidence relating to the offence may be concealed, fabricated or destroyed; or (ii) a witness may be intimidated; or (iii) an accomplice or accessory of the person may take steps to avoid apprehension. - (i) evidence relating to the offence may be concealed, fabricated or destroyed; or - (ii) a witness may be intimidated; or - (iii) an accomplice or accessory of the person may take steps to avoid apprehension. - (i) evidence relating to the offence may be concealed, fabricated or destroyed; or - (ii) a witness may be intimidated; or - (iii) an accomplice or accessory of the person may take steps to avoid apprehension.