Protected forensic area, continuance of
48 Protected forensic area, continuance of
If a protected forensic area is established under section 44(2)(f) under a search warrant, then, subject to any order made under section 49, it may continue in existence until the warrant ceases to be in force.
If a protected forensic area is established —
in a public open area; and
not under section 44(2)(f) under a search warrant,
then, subject to any order made under section 49, it may continue in existence until the purposes for which it was established cease to exist.
If —
a protected forensic area is established in a place; and
the place is not a public open area; and
the protected forensic area is not established under section 44(2)(f) under a search warrant; and
the occupier has given informed consent to the entry and search of the place and to the establishment of the protected forensic area,
then, subject to any order made under section 49, the protected forensic area may continue in existence —
until the purposes for which it was established cease to exist; or
until it is disestablished under subsection (4),
whichever happens first.
If —
a protected forensic area is established at a place; and
the place is not a public open area; and
the protected forensic area is not established under section 44(2)(f) under a search warrant; and
the occupier withdraws consent to the entry and search of the place and to the establishment of the protected forensic area,
then —
if an application for a search warrant is not made within 6 hours after the withdrawal of consent, the protected forensic area is to be taken to be disestablished 6 hours after the withdrawal;
if such an application is made within 6 hours after the withdrawal of consent but is refused, the protected forensic area is to be taken to be disestablished when the application is refused,
and evidence of any thing relevant to an offence that is found in the area after the withdrawal is not admissible in proceedings in a court unless the court decides otherwise under section 155.
If —
a protected forensic area is established at a place; and
the place is not a public open area; and
the protected forensic area is not established under section 44(2)(f) under a search warrant; and
the occupier does not give informed consent to the entry and search of the place and to the establishment of the protected forensic area,
then —
if an application for a search warrant is not made within 6 hours after the protected forensic area is established, the area is to be taken to be disestablished 6 hours after it is established;
if such an application is made within 6 hours after the protected forensic area is established but is refused, the area is to be taken to be disestablished when the application is refused,
and evidence of any thing relevant to an offence that is found in the area is not admissible in proceedings in a court unless the court decides otherwise under section 155.
Subsections (2) to (5) do not —
prevent an application for or the issue of a search warrant for a place; or
if a search warrant is issued, affect the operation of section 44(2)(f) and subsection (1).
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