Search warrants, issue and effect of
101 Search warrants, issue and effect of
In this section —
authorised person means —
the named officer of the Commission or named officers of the Commission on whom authority is conferred by a warrant; or
a person referred to in subsection (3);
relevant material means records or things that are or appear likely to be relevant to the investigation of suspected serious misconduct;
warrant means a warrant issued under subsection (2).
If a judge of the Supreme Court is satisfied, on the application of the Commission, that there are reasonable grounds for suspecting that there may be relevant material in or on particular premises, the judge may issue a search warrant authorising a named officer of the Commission or named officers of the Commission —
to enter and search the premises; and
where the premises comprise a vehicle, vessel, aircraft or the like, to stop and detain and give directions as to the movement of the same.
An application for a warrant must be made in accordance with section 13 of the Criminal Investigation Act 2006 which applies with any necessary changes.
The person or persons on whom authority is conferred by a warrant may be accompanied by such other persons as are necessary for the effective exercise of the powers conferred by the warrant and this section.
In addition to exercising the powers in subsection (2) an authorised person acting under a warrant may —
break open and search any thing in or on the premises it is suspected might contain relevant material; and
seize any relevant material and deliver it to the Commission; and
secure any relevant material against interference; and
request any person found in or on the premises to produce any relevant material which at the time of the request is in the possession, under the control, or at the order or disposition, of that person whether in or on the premises or elsewhere; and
take photographs or copies of, or extracts or notes from, any relevant material.
An authorised person acting under a warrant may use such reasonable force as is necessary.
The Commission may —
retain possession of any relevant material for such reasonable period as it thinks fit; and
at any time release any relevant material, whether conditionally or unconditionally, to any person who appears to be entitled to possession of it.
[(7) deleted]
Before an authorised person acting under a warrant uses force that may cause damage to any property in order to gain access or entry to a place or thing, the authorised person must, if reasonably practicable —
give the occupier of the place a reasonable opportunity to allow the authorised person entry or access to the place; or
give the person who has possession or control of the thing a reasonable opportunity to allow the authorised person to have access to the thing,
as the case requires, unless the authorised person suspects on reasonable grounds that to do so would frustrate the effectiveness of the search permitted by the warrant or would endanger any person.
[Section 101 inserted: No. 78 of 2003 s. 17; amended: No. 59 of 2006 s. 10.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.