Warrant, grounds for application
63 Warrant, grounds for application
A police officer may apply for a warrant.
An application for a warrant must be made to a JP in accordance with section 64.
An application for a warrant must —
state the applicant’s full name, rank and number assigned to the applicant for official purposes; and
describe the premises that it is desired to search; and
state the MDLR compliance purposes or RTA Part 6A compliance purposes in respect of which it is desired to search the premises; and
in the case where it is desired to investigate a breach or suspected breach of a provision mentioned in paragraph (a) of the definition of MDLR compliance purposes in section 28 or in paragraph (a) of the definition of RTA Part 6A compliance purposes in section 28, state —
the provision; and
that the applicant reasonably believes there has been such a breach; and
the grounds on which the applicant holds that belief;
and
state whether the premises are, or any part of premises is, used predominantly for residential purposes; and
state the grounds on which the applicant believes that the premises are unattended or will be unattended at the time of the proposed entry; and
state, to the best of the applicant’s knowledge, whether an application for a warrant for the same premises 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.
[Section 63 amended: No. 38 of 2020 s. 16.]
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.