Authorising Search Warrant Applications

Question 1

– Issuing officers people who may issue search warrants. List the issuing officers

Answer 1

• District Court Judge

- High Court Judge

Question 2

– Search warrant can also be issued any person authorised by the Attorney General. List these persons

Answer 2

• Justice of Peace
• Community Magistrate
• Registrar
• Deputy Registrar

Question 3

– What must the search warrant application “clearly show” the issuing officer/authorised person before authorisation is given?

Answer 3

• RGTS an offence punishable by imprisonment has been, will be, or is about to be committed
• RGTB that the search will find evidential material in respect of the offence in the place, vehicle, or other thing.

Question 4

What restrictions can an issuing officer/authorised person put on a search warrant?

Answer 4

• Restricting the time when the search warrant can reasonably be executed.
• Requiring the occupier or person in charge of a place to provide reasonable assistance to the officer executing the search warrant.
• Requiring a report on the search warrant within a specified time.

Question 5

When an issuing officer does not sign the search warrant application, what should you do?

Answer 5

• Record the issuing officer’s reasons for refusing to sign
• Consider the issues raised and re draft the application ensuring you have addressed these issues
• Re-submit the application to the same issuing officer.

Question 6

When the issuing officer does not sign the search warrant application and you have attempted to address the issues, What should you then do?

Answer 6

• Make further enquiries to support (or otherwise) the application
• Consider whether to continue your investigation without conducting a search
• If the reasons for not signing the search warrant do not seem justified, submit a report to Legal Services for direction.