Search warrant, application for
41 Search warrant, application for
Only a police officer or a public officer may apply for a search warrant.
An application for a search warrant must be made to a JP in accordance with section 13.
An application for a search warrant must —
state the applicant’s full name and official details; and
state the offence that is suspected to have been committed, or that is suspected may be committed, and in relation to which a search warrant is wanted; and
state the grounds on which the applicant suspects that the offence has been or may be committed; and
describe the place that it is desired to enter and search; and
if it is desired to search the place for a thing relevant to the offence — describe the thing or the class of thing; and
if it is desired to search the place for a person — name or describe the person; and
state the grounds on which the applicant suspects one or more of the following —
that the thing or class of thing is a thing relevant to the offence and that it is in the place;
that a person against whom an offence may have been, or may be being, committed is in the place;
and
state, to the best of the applicant’s knowledge, whether an application for a search warrant for the same place has been made to any other JP within the previous 72 hours and if so whether a warrant was issued or not; and
include any other information that is prescribed.
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