Criminal Investigation (Extra-Territorial Offences) Regulations 1987

Where in the execution of a search warrant objects have been seized and removed, notice of the seizure and removal shall be given in accordance with Form 3 in the Schedule.

Schedule

FORM 1

regulation 3(1)

Criminal Investigation (Extra-territorial Offences) Act 1985

SEARCH WARRANT

(upon application made personally)

1. I, ...................................., a Local Court Judge, have received an application, made personally and verified by affidavit, for the issue of a search warrant under section 4 of the Criminal Investigation (Extra-territorial Offences) Act 1985 from ..................................... (name) .........................…… (rank) ....................... (number), a member of the Police Force.

2. After considering the application, I am satisfied that there are reasonable grounds to believe:

(a) that an offence to which the Act applies has been or is intended to be committed; and

(b) there are objects relevant to the investigation of that offence, namely: ………………………………………………………...… ……………………………………………………………………...

*(i) in or on the premises at ................................................... ..................…………………………………………………..

*(ii) on the person of ...........................…………………………

and accordingly I authorise a member of the Police Force, with such assistance as the member thinks necessary:

*(c) to enter the premises described in clause 2(b) above and search those premises and anything in or on those premises;

*(d) to search the person referred to in clause 2(b) above.

This warrant shall expire at the expiration of 28 days from its date.

Dated 19 .

....…….........................

Signature of Local Court Judge

* Strike out if inapplicable.

NOTE: Section 6(3) of the Act authorises a member of the Police Force executing this warrant to seize and remove any object that he believes, on reasonable grounds, to be relevant to the investigation of the offence referred to in clause 2(a) of this warrant.

FORM 2

regulation 3(2)

Criminal Investigation (Extra-territorial Offences) Act 1985

SEARCH WARRANT

(upon application by telephone)

1. I, ..............................................., a Local Court Judge, have received an application by telephone for the issue of a search warrant under section 4 of the Criminal Investigation (Extra-territorial Offences) Act 1985 from ............……........…………………..... (name) ………………….................. (rank) .................... (number), a member of the Police Force.

2. After considering the information furnished by the applicant I am satisfied that there are reasonable grounds to believe:

(a) that an offence to which the Act applies has been or is intended to be committed; and

(b) there are objects relevant to the investigation of that offence, namely: ...........................……….............................................. ..............................................

*(i) in or on the premises at ..……………………..................... .............................................………………………………..

*(ii) on the person of ..............................………………………

and accordingly I authorise a member of the Police Force, with such assistance as the member thinks necessary:

*(c) to enter the premises described in clause 2(b) above and search those premises and anything in or on those premises;

*(d) to search the person referred to in clause 2(b) above.

3. Being satisfied there are proper grounds for the issue of a search warrant, I have informed the applicant of the facts on which I rely for the issue of the warrant and the applicant has undertaken to make an affidavit verifying those facts.

4. The facts on which I rely as grounds for the issue of the warrant are:

...............................................................……………………………………………

...............................................................……………………………………………

...............................................................……………………………………………

...............................................................……………………………………………

This warrant shall expire at the expiration of 14 days from its date.

Dated 19 .

....…......................…….

Signature of Local Court Judge

* Strike out if inapplicable.

NOTE: Section 6(3) of the Act authorises a member of the Police Force executing this warrant to seize and remove any object that he believes, on reasonable grounds, to be relevant to the investigation of the offence referred to in clause 2(a) of this warrant.

FORM 3

regulation 4

Criminal Investigation (Extra-territorial Offences) Act 1985

NOTICE OF SEIZURE

I, (1) ............................................., (2) ..........................................., a member of the Police Force, have seized and removed the following objects:

...................................................……………………………………………

……………………......................................…………….........................…

(4) *(a) from the premises at .....................................................................

*(b) from the person of .............................

under the authority of a search warrant issued by (5) ........................... on (6) ...................

....……......................

Signature of member

(1) Name of member;

(2) Rank and number of member;

(3) Description of objects seized;

(4) Description of premises or person;

(5) Name of Local Court Judge;

(6) Date of issue of warrant.

* Strike out what is inapplicable.