Handling Seized Property And Exhibits (warrant)

Question 1

Outline legislative section in the Magistrates Court Act on what member should ENSURE re: seizing property under warrant

Answer 1

S78 (1)(b)(ii) Magistrates Court Act.

Should ensure that it is brought before a mags court WITHOUT DELAY.

Question 2

1. What legislative section covers you if you can not conduct s78(1)(b)(ii) MCA
2. What is another alternative legislative section to s78(1)(b)(ii) MCA

Answer 2

1. Impractical or dangerous to bring to court - s78(5) MCA

2. Mag may visit location where property is located- S5(2) MCA

Question 3

What must you ensure re: property seized

Answer 3

1. labelled and made secure
2. Drugs handled as per VPMP drug analysis and disposal guidelines
3. Compile list of property seized
   - list must be counter signed
4. Enter property on palm and lodged in property store

Question 4

When seizing property under WARRANT what does it not include authority to conduct.

Answer 4

Seizing property under WARRANT does not include authority to conduct

1. Scientific test
2. interfere with nature of articles prior to bringing them to court.