SW - Authorizing Search Warrant Applications

Question 1

Who can issue a search warrant?

Answer 1

Issuing Officer OR Any Person authorized by the Attorney General

Question 2

Who are Issuing Officers?

Answer 2

• District Court Judge
• High Court Judge

Question 3

Who are Person’s authorized by the Attorney General?

Answer 3

• Justice of Peace
• Community Magistrates
• Registrar
• Deputy Registrar

Question 4

When will a SW be authorised?

Answer 4

Need to be satisfied that:

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

Question 5

What restrictions can an Issuing Officer put on a SW?

Answer 5

a) Restricting the time when a SW can be reasonably executed
b) Requiring the occupier or person in charge of a place to provide reasonable assistance to the officer executing the SW
c) Requiring a report on the SW within a specified time

Question 6

When the SW application is refused?

Answer 6

a) Record reasons for the refusal
b) Consider issues raised and redrafting up SW ensuring issues are addressed
c) Re-submit to the same Issuing Officer

Question 7

What happens if issues of a refused SW cannot be addressed?

Answer 7

a) Make further enquiries to support (or otherwise) the application
b) Consider whether to continue your investigation without conducting a search
c) If reasons are not justified, submit a report to the Legal Services for direction