COMMISSIONS OF INQUIRY ACT 1950 - SECT 19A Search for and seizure of evidence

COMMISSIONS OF INQUIRY ACT 1950 - SECT 19A

19A Search for and seizure of evidence

(1) If a chairperson is satisfied, by evidence upon oath (or by affirmation or declaration instead of upon oath where, if the evidence were given by a witness before the commission, such evidence may be given by affirmation or declaration instead of upon oath), which oath, affirmation or declaration the chairperson is hereby authorised to administer or take, as the case may be, that there is reasonable ground for suspecting that there is in any place, building, vehicle, aircraft or vessel—

(a) any book, document, writing or record or property or thing of whatever description relevant to the commission’s inquiry, with respect to which an offence has been or is suspected on reasonable grounds to have been committed; or

(b) any book, document, writing or record or property or thing of whatever description relevant to the commission’s inquiry, whether animate or inanimate and whether living or dead, as to which there are reasonable grounds for believing that it would, of itself, or by or on scientific examination afford evidence of the commission of an offence; or

(c) any book, document, writing or record or property or thing of whatever description relevant to the commission’s inquiry as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing an offence;

the chairperson may issue a warrant addressed to all police officers or to any police officer named in the warrant, which shall authorise each person to whom it is addressed to enter (using such force as is necessary) and to search such place, building, vehicle, aircraft or vessel and all persons found therein and to seize any such book, document, writing or record or property or thing found therein and to bring it before the commission.

(2) A warrant issued under subsection (1) shall be executed only by day unless the warrant expressly authorises it to be executed by night, in which case it may be executed at any time.

(3) A person who seizes or takes any book, document, writing, record, property or thing for the purposes of a commission, whether under a warrant or otherwise, shall forthwith bring it before the chairperson.