Search warrant
28A Search warrant
If it appears to a justice on an application supported by evidence on oath before that justice that there are reasonable grounds for suspecting that unlawful betting is or is about to be carried on in or upon any place or public place the justice may give to any member of the Police Force or authorised officer a warrant in the prescribed form.
A warrant so given authorises the holder, with such assistance as may be necessary, —
to enter into and upon and search the place or public place named in the warrant at any time during the day or night and to open and break open if necessary and search all things found therein or thereupon; and
to use force if necessary in making entry whether by breaking open doors or otherwise; and
to search all persons found therein or thereupon; and
to arrest all persons found therein or thereupon and to detain them until they are dealt with according to law; and
to seize all betting material and money found therein or thereupon or upon the persons referred to in paragraph (c) that may reasonably be supposed to have been used or designed for use in connection with or in relation to such suspected unlawful betting; and
to detain all such betting material and money until its owner or owners appear before a court of summary jurisdiction to claim the betting material or money, and satisfy the court how and for what use or purposes it was intended, or it is dealt with in accordance with the provisions of section 28.
In this section unlawful betting means any contravention of or failure to observe any provision of section 23, 24, 27 or 27A.
No female person shall be searched under authority of a warrant given pursuant to this section, except by a female member of the Police Force and in the presence of female persons only.
The court of summary jurisdiction may, subject to section 28, confiscate all or any of the betting material, as deemed fit, if the owner or owners —
do not appear before the court within 21 days after the seizure of that betting material or money; or
on so appearing, do not show to the satisfaction of the court after due examination that the betting material or money was not in the place or public place or upon the persons found therein or thereupon for the purpose of being used in relation to, or in connection with, unlawful betting.
[Section 28A inserted: No. 14 of 1961 s. 2; amended: No. 63 of 1995 s. 75; No. 13 of 2002 s. 23; No. 35 of 2003 s. 91; No. 59 of 2004 s. 141; No. 84 of 2004 s. 80; No. 70 of 2006 s. 11; No. 29 of 2009 s. 15.]
This provision refers to the regulations (prescribed form
). Made under this Act:
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