SEARCH WARRANTS

Question 1

A search warrant overview should include

Answer 1

• Gain prior and online approval
• Gain authorisation from the Issuing Officer
• Plan and brief SW execution
• Report outcomes
• Kepp file investigation records

Question 2

Considering whether applying for a search warrant is practicable consider these circumstances –
You can:

Answer 2

• Apply for a SW orally
• Apply for a SW without approaching the Issuing Officer (Over the phone)
• Secure the scene for up to 6hrs while apply for a SW (Section 117)

Question 3

Before making an online SW application –

You must be sure there are

Answer 3

• RGTS an offence has been, will be or is about to be committed, and
• RGTB that evidential material relating to the offence is in or on that place,
• Checked the targets/s history in NIA
• Assessed the risk with executing the SW
• Obtained initial approval by supervisor to proceed with the online-line application

Question 4

SW risk assessment should include

Answer 4

The risks must be:
• Identified
• Assessed
• Consider how you would execute the SW

Question 5

A risk assessment and card must be completed and TENR applied to assess:

Answer 5

• Threat
• Exposure
• Response
• Necessity

Question 6

Search Power 117 allows you to

Answer 6

• Enter a place or vehicle and secure it for a maximum period of 6hrs, while an application is being made and you believe that evidential material will be CADD

Question 7

Powers for section 117 may be exercised until one of the first occurs

Answer 7

• Expiry of 6hrs from when the power was first executed
• Warrant available for execution
• Warrant has been refused

Question 8

Who can issue a SW

Answer 8

• District Court Judge

* High Court Judge

Question 9

Who else can be authorised by the attorney general

Answer 9

• Justice of peace
• Community Magistrate
• Registrar
• Deputy Registrar

Question 10

What will the issuing Officer need to be satisfied of when a SW be authorised

Answer 10

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

Question 11

An issuing Officer may put restrictions on a SW including?

Answer 11

• Restricting time when the SW can be executed
• Require the occupier or person in charge to provide reasonable assistance to the officer executing the SW
• Requiring a report on the SW within a specified time

Question 12

When a SW is refused

Answer 12

When the Issuing Officer refuses the SW you should:
• Record the reasons why for refusing the SW
• Consider the issued raised and possibly re draft the application
• Re-submit to the same Issuing Officer