Terrorism (Community Protection) Act 2003

If, in urgent circumstances, a police officer considers it necessary to do so, he or she may apply for a warrant under this Part by telephone in accordance with this section.

Before making the application, the police officer must prepare an affidavit setting out the grounds on which the warrant is sought, but may, if necessary, make the application before the affidavit has been sworn or affirmed.

If transmission by facsimile machine or other electronic communication is available, the police officer must transmit a copy of the affidavit, whether sworn or affirmed, or unsworn or not affirmed, to the Supreme Court.

Subject to sections 7(2) and 8(1) and having regard to the factors in section 8(2), the Supreme Court may issue a warrant on an application made by telephone after considering—

the terms of the affidavit; and

any further information required by the Court concerning the grounds on which the warrant is sought.

If the Supreme Court issues a warrant on an application made by telephone, it must—

inform the applicant of the terms of the warrant and of the date on which and the time at which it was issued, and record on the warrant the reasons for issuing the warrant; and

if transmission by facsimile machine or other electronic communication is available, transmit a copy of the warrant to the applicant.

If a copy of the warrant has not been transmitted by facsimile machine or other electronic communication, the applicant must—

complete a form of warrant in the terms furnished to the applicant by the Supreme Court and must write on it the name of the Judge who constituted the Court and the date on which and the time at which the warrant was issued; and

not later than the day following the date of the execution of the warrant or the expiry of the warrant, whichever is earlier, send the form of warrant completed by the applicant to the Court.^[1]

If an application is made by telephone, whether or not a warrant is issued, the applicant must, not later than the day following the day on which the application was made, send the original affidavit duly sworn or affirmed to the Supreme Court.

In any proceeding, if it is material for a court to be satisfied that an entry, search or seizure was authorised in accordance with this section, and a warrant issued by the Supreme Court in accordance with this section authorising the entry, search or seizure is not produced in evidence, the court must assume, unless the contrary is proved, that the entry, search or seizure was not authorised by such a warrant.