SCHEDULE 1 - Provisions with r SCHEDULE 1 - Provisions with respect to search warrants

Section 29(3)

1.   Applications for search warrants

(1) An application for a search warrant is to be made in writing to a justice of the peace.

(2) A justice of the peace is not to issue a search warrant unless –

(a) the application for the search warrant sets out the grounds for seeking the search warrant; and

(b) the applicant for the search warrant has given the justice of the peace, either orally or in writing, any further information the justice of the peace requires concerning the grounds for seeking the search warrant; and

(c) the information given by the applicant is verified before the justice of the peace on oath or by affidavit.

2.   Record of proceedings before justice of the peace

A justice of the peace who issues a search warrant is to cause a record to be made of all relevant particulars of the grounds the justice of the peace has relied on to justify the issue of the search warrant.

3.   Duty to show search warrants

An inspector executing a search warrant is to produce the search warrant for inspection by an occupier of the premises if requested to do so by that occupier.

4.   Assistance in executing search warrants

An inspector may execute a search warrant using such assistance as the inspector considers necessary.

5.   Expiry of search warrants

A search warrant ceases to have effect –

(a) on the date specified in the search warrant as the date on which it ceases to have effect; or

(b) if it is withdrawn before that date by the justice of the peace who issued the search warrant; or