Western Australian Current Acts

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CRIMINAL INVESTIGATION (EXTRA-TERRITORIAL OFFENCES) ACT 1987 - SECT 5

5 .         Authority conferred by, and other incidents of, a search warrant

        (1)         A search warrant authorises any member of the Police Force, with such assistants as he thinks necessary, to enter and search the premises to which the warrant relates, and anything in those premises.

        (2)         Subject to any direction by a justice authorising execution of a search warrant at night, or during specified hours of the night, it shall not be executed at night.

        (3)         A member of the Police Force, or a person assisting him, may use such force as is reasonably necessary for the execution of a search warrant.

        (4)         A member of the Police Force executing a search warrant may seize and remove any object that he believes on reasonable grounds to be relevant to the investigation of the offence in relation to which the warrant was issued.

        (5)         An object seized and removed under subsection (4) shall be dealt with in accordance with arrangements in force under section 7.

        (6)         A member of the Police Force who executes a search warrant —

            (a)         shall prepare a notice in the prescribed form containing —

                  (i)         his own name and rank;

                  (ii)         the name of the justice who issued the warrant and the date and time of its issue; and

                  (iii)         a description of any objects seized and removed in pursuance of the warrant;

                and

            (b)         shall, as soon as practicable after execution of the warrant, give the notice to the occupier of the premises in respect of which the warrant was issued or leave it for him in a prominent position on those premises.

        (7)         A search warrant, if not executed at the expiration of one month from the date of its issue, shall then expire.



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