Search Warrant Applications

Question 1

Who can issue a Search Warrant?

Answer 1

An Issuing Officer may be a:

• District Court Judge
• High Court Judge

Or any person authorised by the Attorney General such as a:

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

Question 2

When will a SW be authorised?

Answer 2

Issuing has be to be satisfied that the SW application shows:

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

Question 3

Can a Issuing Officer put restrictions on a Search Warrant?

Answer 3

An Issuing Officer may put restrictions on a search warrant, including:

• 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 4

What should you do if a SW application is refused?

Answer 4

• record the Issuing Officers reasons for refusing to sign
• consider the issues raised and if possible re-draft the application, ensuring you have addressed these issues
• re-submit the application to the same Issuing Officer

If the issues cannot be addressed:

• 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