SCHEDULE 3 - Provisions with rSCHEDULE 3 - Provisions with respect to warrants

# SCHEDULE 3 - Provisions with r SCHEDULE 3 - Provisions with respect to warrants [Section 56(3)](#GS56@Gs3@EN) and [section 58(4)](#GS58@Gs4@EN) > **1.   **Interpretation**** > > > In this Schedule – > > > > > ***issuing magistrate***, in relation to a warrant, means the magistrate who issues the warrant; > > > > > ***occupier*** includes a person in charge of premises. > **2.   **Application for warrant in standard situation**** > > > > (1) An application to a magistrate for a warrant is to be in writing. > > > > > (2) The magistrate may issue the warrant if satisfied that there are reasonable grounds for doing so. > > > > > (3) However, the magistrate must not issue the warrant unless – > > > > > > > > (a) the application for the warrant sets out the grounds for seeking the warrant; and > > > > > > > > > (b) the applicant for the warrant has given the magistrate, either orally or in writing, any further information that the magistrate requires concerning the grounds for seeking the warrant; and > > > > > > > > > (c) the information given by the applicant is verified before the magistrate on oath or by affidavit. > > > > > (4) The warrant is to be in such form as the issuing magistrate determines but it must at least specify – > > > > > > > > (a) when the warrant is issued; and > > > > > > > > > (b) the premises it authorises to be entered; and > > > > > > > > > (c) whether entry is authorised to be made at any time or only during certain hours; and > > > > > > > > > (d) any conditions that the warrant is subject to; and > > > > > > > > > (e) when the warrant ceases to have effect. > **3.   **Warrant may be applied for and issued by telephone, &c., in urgent situation**** > > > > (1) Despite [clause 2](#JS3@GC2@EN) , an authorised officer may apply to a magistrate for a warrant by telephone or radio if the authorised officer believes that the urgency of the situation requires it. > > > > > (2) The magistrate may complete and sign the warrant in the same way as for a warrant applied for in person if satisfied that – > > > > > > > > (a) there are reasonable grounds for issuing the warrant urgently; and > > > > > > > > > (b) it is not practicable in the circumstances for the authorised officer to apply for the warrant in person. > > > > > (3) The issuing magistrate is to – > > > > > > > > (a) inform the authorised officer of – > > > > > > > > > > > > (i) the terms of the warrant; and > > > > > > > > > > > > > (ii) the date on which, and the time at which, the warrant was signed; and > > > > > > > > > > > > > (iii) the date on which, and the time at which, the warrant ceases to have effect; and > > > > > > > > > (b) record on the warrant the reasons for issuing it. > > > > > (4) The authorised officer is to – > > > > > > > > (a) complete a form of warrant in the same terms as the warrant signed by the issuing magistrate; and > > > > > > > > > (b) write on the form – > > > > > > > > > > > > (i) the name of the issuing magistrate; and > > > > > > > > > > > > > (ii) the date on which, and the time at which, the warrant was signed; and > > > > > > > > > (c) send the completed form of warrant to the issuing magistrate not later than the day after the warrant is executed or ceases to have effect. > > > > > (5) On receipt of the form of warrant, the issuing magistrate is to attach it to the warrant that the magistrate signed. > > > > > (6) The form of warrant completed by the authorised officer has the same force as the warrant signed by the issuing magistrate. > **4.   **Record of proceedings before issuing magistrate**** > > > A magistrate who issues a warrant is to cause a record to be made of all relevant particulars of the grounds the magistrate has relied on to justify the issue of the warrant. > **5.   **Expiry of warrant**** > > > A warrant ceases to have effect – > > > > > > (a) on the date specified in the warrant as the date on which it ceases to have effect; or > > > > > > > (b) if it is withdrawn before that date by the issuing magistrate; or > > > > > > > (c) after it has been executed; or > > > > > > > (d) if the person to whom it is issued ceases to be an authorised officer – > > > > whichever occurs first. > **6.   **Report to issuing magistrate following execution of warrant, &c.**** > > > > (1) An authorised officer who is issued with a warrant must furnish a report in writing to the issuing magistrate – > > > > > > > > (a) stating whether or not the warrant has been executed; and > > > > > > > > > (b) if the warrant has been executed, setting out briefly the result of the execution of the warrant, including a brief description of anything seized; and > > > > > > > > > (c) if the warrant has not been executed, setting out briefly the reasons why it has not been executed. > > > > > (2) The report is to be furnished within 10 days after the warrant has been executed or expires, whichever occurs first. > **7.   **Death, absence, &c., of issuing magistrate**** > > > If the magistrate who issued a warrant has died, has ceased to be a magistrate or is absent, a report that is required to be furnished to that magistrate – > > > > > > (a) must still be made; but > > > > > > > (b) may be furnished to any other magistrate. > **8.   **Duty to show warrant**** > > > An authorised officer who is executing a warrant must produce it for inspection by an occupier of the premises if requested to do so by that occupier. > **9.   **Assistance and use of force in executing warrant**** > > > > (1) An authorised officer may execute a warrant using such assistance as the authorised officer considers necessary. > > > > > (2) Except as may be otherwise provided by the terms of the warrant, an authorised officer may execute a warrant using such force as may reasonably be required in the circumstances. > **10.   **Defect in warrant**** > > > A warrant is not invalidated by any defect that does not affect its substance in a material particular.