ANIMAL PROTECTION ACT 2018 (NO 25 OF 2018) - SECT 85 Application for and issue of warrant

ANIMAL PROTECTION ACT 2018 (NO 25 OF 2018) - SECT 85

    (1)     An authorised officer may apply to a justice of the peace for a search warrant to enter premises:

    (a)     by appearing in person before the justice of the peace; or

    (b)     if it is not practicable to appear in person – by telephone, radio or other means of communication.

    (2)     If the justice of the peace is satisfied that there are reasonable grounds to permit the authorised officer to enter the premises, the justice may issue a warrant directed to the authorised officer.

    (3)     If the justice of the peace issues a warrant on an application made under subsection (1)(b), the justice must:

    (a)     complete and sign the warrant (the original warrant ); and

    (b)     record on the original warrant the reasons for issuing it; and

    (c)     inform the authorised officer by telephone or radio or other means of communication of its terms.

    (4)     When informed of the terms of the warrant under subsection (3)(c), the authorised officer must, as soon as practicable:

    (a)     complete 2 copies of a form of warrant in the terms provided by the justice of the peace; and

    (b)     write on each copy the name of the justice of the peace and the date and time of the issue of the original warrant; and

    (c)     forward one copy to the justice of the peace.

    (5)     The authorised officer may use the remaining copy of the warrant to exercise the powers granted by the original warrant.

    (6)     If the justice of the peace is satisfied, after comparing the forwarded copy with the original warrant, that the copy is in substance identical to the original warrant, the justice must certify the copy as being in substance identical to the original warrant.