SCHEDULE 1 - Provisions Relating to Search Warrants

Sections 40 (5) and 53 (6)

1.    Applications for warrants

(1) Except as provided by sections 41 and 54 , an application for a search warrant is to be made in writing.

(2) A magistrate is not to issue a search warrant unless –

(a) the application for the warrant sets out the grounds for seeking the warrant; and

(b) the applicant has given the magistrate, either orally or in writing, any further information the magistrate requires concerning the grounds for seeking the warrant; and

(c) the information given by the applicant is –

(i) if the application is made by the applicant in person – verified before the magistrate on oath or by affidavit; or

(ii) if the application is made by the applicant by telephone – verified by a statement to the magistrate that the information is true.

2.    Record of proceedings before magistrate

(1) A magistrate who issues a search warrant is to cause a record to be made of all relevant particulars of the grounds the magistrate has relied on to justify the issue of the warrant.

(2) Any matter that might disclose the identity of a person is not to be recorded pursuant to this clause if the magistrate is satisfied that the safety of any person might thereby be jeopardized.

3.    Duty to show warrants

(1) In this clause occupier includes a person in charge of premises.

(2) A person executing a search warrant is to produce the warrant for inspection by an occupier of the premises if requested to do so by that occupier.

4.    Use of force to enter premises, &c.

(1) A person authorized to enter premises pursuant to a search warrant may use such force as is reasonably necessary for the purpose of entering the premises.

(2) A person authorized to search premises pursuant to a search warrant may, if it is reasonably necessary to do so, break open anything on the premises in which any property or any document, as the case may be, may be stored or concealed.

5.    Use of assistants to execute warrants

A person may execute a search warrant using such assistance as the person considers necessary.

6.    Expiry of warrants

A search warrant ceases to have effect –

(a) on the date specified in the warrant as the date on which it ceases to have effect; or

(b) if it is withdrawn before that date by the magistrate who issued the warrant; or

(c) when it is executed –

whichever first occurs.

7.    Reports to magistrates on execution of warrants, &c.

(1) The person to whom a search warrant is issued is to furnish a report in writing to the magistrate who issued the warrant –

(a) stating whether or not the warrant has been executed; and

(b) if the warrant has been executed – setting out briefly the result of the execution of the warrant, including a brief description of anything seized; and

(c) if the warrant has not been executed – setting out briefly the reasons why the warrant has not been executed.

(2) A report with respect to a search warrant is to be made within the period of 10 days immediately after the execution of the warrant or the expiry of the warrant, whichever first occurs.

8.    Death, absence, &c., of magistrate who issued warrant

If the magistrate who issued a search warrant has died, has ceased to be a magistrate, or is absent, a report required to be furnished to that magistrate pursuant to clause 7 is to be furnished to any other magistrate.

9.    Defects in warrants

A search warrant is not invalidated by any defect, other than a defect that affects the substance of the warrant in a material particular.