Securing an Address pending SW.Section 117

Question 1

Discuss the special power when a SW application is pending.

Answer 1

If you have RGTB evidential material may be CADD or removed before the SW is issued, you may:

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

Question 2

Discuss what happens if the address is incorrect.

Answer 2

You could then enter and secure the address until the search warrant has been amended.

Question 3

Discuss when Section 117(1) may be exercised until the first of the following occurs.

Answer 3

(a) the expiry of 6 hours from when the power is first exercised:

(b) the warrant is available for execution at that place or vehicle or in respect of that other thing:

(c) the application for a search warrant is refused.