CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 58 Offence - related warrants

CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 58

  (1)   A national inspector may apply to a magistrate for a warrant under this section in relation to particular premises.

  (2)   Subject to subsection   ( 3), a magistrate may issue a warrant to search premises if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, any evidential material at the premises.

  (3)   A magistrate must not issue the warrant unless a national inspector has given the magistrate, either orally (on oath or affirmation) or by affidavit, any further information the magistrate may require about the grounds on which the issue of the warrant is being sought.

  (4)   A warrant issued under this Division must:

  (a)   state the offence to which the warrant relates; and

  (b)   describe the premises to which the warrant relates; and

  (c)   describe the kinds of evidential material that are to be searched for under the warrant; and

  (d)   state the name of the national inspector responsible for executing the warrant; and

  (e)   state the period for which the warrant remains in force, which must not be more than 7 days; and

  (f)   state whether the warrant may be executed at any time or only during particular hours.

  (5)   The warrant should also state that it authorises the seizure of a thing (other than evidential material of the kind referred to in paragraph   ( 4)(c)) found at the premises that the national inspector executing the warrant or a person assisting believes on reasonable grounds to be:

  (a)   evidential material in relation to an offence to which the warrant relates; or

  (b)   a thing relevant to another offence under this Act;

if the national inspector or person assisting believes, on reasonable grounds, that seizure of the thing is necessary to prevent its concealment, loss or destruction or its use in committing an offence.

  (6)   Paragraph   ( 4)(e) does not prevent the issue of successive warrants in relation to the same premises.

  (7)   If an application for the warrant is made under section   63, this section applies as if:

  (a)   subsection   ( 2) referred to 48 hours rather than 72 hours; and

  (b)   paragraph   ( 4)(e) referred to 48 hours rather than 7 days.