CONFISCATION ACT 1997 - SECT 110 Search warrants

CONFISCATION ACT 1997 - SECT 110

    (1)     A magistrate or judge to whom an application is made under section 109(1) may issue a search warrant if satisfied that there are reasonable grounds for doing so.

    (2)     A magistrate or judge must not issue a search warrant unless he or she is satisfied that—

        (a)     the document cannot be identified or described with sufficient particularity to enable a production order to be made in respect of it; or

        (b)     a production order made in respect of the document has not been complied with; or

        (c)     there are reasonable grounds to suspect that it would be unlikely that any production order made in respect of the document would be complied with; or

        (d)     the investigation might be seriously prejudiced if the applicant did not gain immediate access to the document without notice to any person.

S. 110(3) amended by No. 6/2018 s. 68(Sch.  2 item 26.11).

    (3)     If the applicant's affidavit—

        (a)     states that he or she believes that—

              (i)     the person who was convicted of the offence, or is believed to have committed the offence, derived a benefit in relation to the offence, having regard to section 67 or 68 (as the case may be); and

              (ii)     property specified in the application—

    (A)     is subject to the effective control of that person; or

    (B)     was the subject of a gift from that person; and

        (b)     sets out the grounds on which the applicant holds those beliefs—

the magistrate or judge may if he or she considers that, having regard to the matters contained in that affidavit and to any other sworn or affirmed evidence before him or her, there are reasonable grounds for doing so, treat any document relevant to identifying, locating or quantifying that property as a property‑tracking document in relation to the offence.

    (4)     There must be stated in a search warrant—

        (a)     the purpose for which the warrant is issued; and

        (b)     the nature of the offence in reliance on which the warrant is issued; and

        (c)     a description of the kind of documents authorised to be seized.

    (5)     Every warrant issued under this section must be in the prescribed form.