Secure address - Search Warrant Pending - Section 117

Question 1

Section 117 offers a special power when a search warrant application is pending. If you have RGTB that evidential material may be CADD or removed before the search warrant can be issued, under Section 117, what may you do?

Answer 1

• Enter and secure a place, vehicle, or other thing
• Secure any item found
• Direct any person to assist with entry and securing the place or vehicle or securing items in it.

Question 2

Under what circumstance, may you use section 117, even though you have a authorised search warrant for the address?

Answer 2

If you arrive at the target address for the search warrant and realise that the address is incorrect, such as a flat number or unit number. You could then enter and secure the address until the search warrant has been amended.

Question 3

The powers conferred to by Section 117(1) may be exercised UNTIL the first of what, occurs?

Answer 3

• The expiry of 6 hours from when the power is first exercised
• The warrant is available for execution at that place or vehicle or in respect of that other thing
• The application for a search warrant is refused.