Applications for warrants (section 20(7) of Act)
4 Applications for warrants (section 20(7) of Act)
The grounds of an application for a warrant under section 20 of the
Act made personally must be verified by affidavit.
An application for a warrant cannot be made by telephone unless, in the opinion of the applicant, a warrant is urgently required and there is not enough time to make the application personally.
If an application for a warrant is made by telephone—
the applicant must inform the magistrate of the applicant's name and identify the position that the applicant holds for the purposes of the Act, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant holds that position;
and
the applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought;
and
if it appears to the magistrate from the information given by the applicant that there are proper grounds to issue a warrant, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts;
and
if the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts that justify, in the magistrate's opinion, the issue of the warrant; and
the warrant is taken to have been issued, and comes into force, when signed by the magistrate; and
the magistrate must inform the applicant of the terms of the warrant; and
the applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c).
A magistrate by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Magistrates
Court.
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