Making an application
211 Making an application
In this section —
application means an application under section 210;
remote communication means any way of communicating at a distance including by telephone, fax, email and radio.
A reference in this section to making an application includes a reference to giving information in support of the application.
An application must be made in person before a JP unless —
the warrant is needed urgently; and
the applicant reasonably suspects that a JP is not available within a reasonable distance of the applicant.
If subsection (3)(a) and (b) apply —
the application may be made to the JP by remote communication; and
the JP may grant the application only if satisfied about the matters in subsection (3)(a) and (b).
An application must be made in writing unless —
the application is made by remote communication; and
it is not practicable to send the JP written material.
If subsection (5)(a) and (b) apply —
the application may be made orally; and
the JP must make a written record of the application and any information given in support of it.
An application must be made on oath unless —
the application is made by remote communication; and
it is not practicable for the JP to administer an oath to the applicant.
If subsection (7)(a) and (b) apply —
the application may be made in an unsworn form; and
if the JP issues an entry warrant, the applicant must as soon as is practicable send the JP an affidavit verifying the application and any information given in support of it.
This Act’s bill:Explanatory memorandumSecond reading speech
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