EXECUTION AND REPORTING SW OUTCOMES

Question 1

Who may execute a search warrant

Answer 1

A person directed or any Constable

Question 2

How long is the SW valid for

Answer 2

• 14 days from the date it was issued or

* No more than 30 days from the date it was issue, or if you have justified why and the Issuing Officer is satisfied

Question 3

When can a SW be executed

Answer 3

Any time that is reasonable or at a restricted time by the issuing Officer as a condition of the warrant

Question 4

When is the SW considered executed

Answer 4

Items have been seized specified in the SW and leave the place and have not return for more than 4 hours

Question 5

What is an application to postpone compliance with notice

Answer 5

When a SW has been executed you are obliged to provide a copy of the search warrant and an inventory of items seized under Section 131 unless:
• It will endanger the safety of any person, or
• Prejudice to ongoing investigation
You may - apply to a judge to postpone obligation to provide a copy of the SW and should be presented to a judge at the time of the SW and within 7 days after the execution of the warrant

Question 6

What is the priority safety during the SW execution

Answer 6

Staff safety is a primary concern and when executing a warrant you may use reasonable force to:
• Enter a place, vehicle or other thing (Section 131)
• Search the property and seize items (Section 110)
• Carry out a search of a person (Section 125)

Question 7

SW should always be fully briefed involving

Answer 7

• Ground – Location and surrounding neighbours
• Situation – Suspects and the reason for the SW
• Mission – Address, suspects and specific evidential material sought
• Execution –Timings, Method Of Entry, Roles, Obligations on entry, Suspects and evidence
• Admin - Travelling to the target address, when the search will be executed and recording evidential material seized
• Communication – Debrief, cell phone numbers and before and during the execution of the SW

Question 8

Holding a SW briefing, O/C should

Answer 8

• Ensure required staff are present
• Reinforce information
• Using maps, diagrams and photographs
• Provide copies of relevant documents
• Ensure staff are clear on their roles and responsibilities
• Ensure what they can record in their notebooks during briefing may be disclosed