Provisions with respect to search warrants
Schedule 1 Provisions with respect to search warrants
Section 41(6)
1. Applications for search warrants
An application for a search warrant is to be made in writing.
A justice of the peace is not to issue a search warrant unless –
the application for the search warrant sets out the grounds for seeking the search warrant; and
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
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 authorised officer 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. Expiry of search warrants A search warrant ceases to have effect –
whichever first occurs.
on the date specified in the search warrant as the date on which it ceases to have effect; or
if it is withdrawn before that date by the justice of the peace who issued the search warrant; or
after it has been executed; or
if the person to whom it is issued ceases to be an authorised officer –
5. Reports to justice of the peace on execution of search warrants, &c.
The authorised officer to whom a search warrant is issued is to furnish a report in writing to the justice of the peace who issued the search warrant –
stating whether or not the search warrant has been executed; and
if the search warrant has been executed, setting out briefly the result of the execution of the search warrant, including a brief description of anything seized; and
if the search warrant has not been executed, setting out briefly the reasons why the search warrant has not been executed.
A report with respect to a search warrant is to be made within the period of 10 days immediately after the execution of the search warrant or the expiry of the search warrant, whichever first occurs.
6. Death, absence, &c., of justice of the peace who issued search warrant If the justice of the peace who issued a search warrant has died, has ceased to be a justice of the peace or is absent, a report required to be furnished to that justice of the peace is to be furnished to another justice of the peace.
7. Defects in search warrants A search warrant is not invalidated by any defect, other than a defect that affects the substance of the search warrant in a material particular.
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