SEARCH WARRANTS ACT 1985 - SECT 19 Execution of warrant by day or night

This legislation has been repealed.

SEARCH WARRANTS ACT 1985 - SECT 19

19 Execution of warrant by day or night

(1) A search warrant may be executed by day, but shall not be executed by night unless the authorised justice, by the warrant, authorises its execution by night.

(1A) An authorised justice is not to authorise the execution of a search warrant by night unless satisfied that there are reasonable grounds for doing so. Those grounds include (but are not limited to) the following:

(a) the execution of the warrant by day is unlikely to be successful because, for example, it is issued to search for a thing which is likely to be on the premises only at night or other relevant circumstances will only exist at night,

(b) there is likely to be less risk to the safety of any person if it is executed at night,

(c) an occupier is likely to be on the premises only at night to allow entry without the use of force.

(2) In subsection (1):

"by day" means during the period between 6 am and 9 pm on any day.

"by night" means during the period between 9 pm on any day and 6 am on the following day.