CONFISCATION ACT 1997 - SECT 92 Seizure of property under search warrant
CONFISCATION ACT 1997 - SECT 92
Seizure of property under search warrantS. 92(1) amended by No. 37/2014 s. 10(Sch. item 25.12(a)).
(1) A police officer executing a search warrant may seize property of the kind described in the warrant.
S. 92(2) amended by No. 37/2014 s. 10(Sch. item 25.12(b)(i)).
(2) A police officer executing a search warrant may also seize property which is not of the kind described in the warrant if—
S. 92(2)(a) amended by No. 37/2014 s. 10(Sch. item 25.12(b)(i)).
(a) the police officer believes on reasonable grounds that the property—
(i) is of a kind which could have been included in a search warrant issued under this Part; or
S. 92(2)(a)(ii) amended by No. 87/2004 s. 22(2)(e).
(ii) will afford evidence about the commission of another Schedule 1 offence; and
S. 92(2)(b) amended by Nos 87/2004 s. 22(2)(e), 37/2014 s. 10(Sch. item 25.12(b)(ii)).
(b) the police officer believes on reasonable grounds that it is necessary to seize that property in order to prevent its concealment, loss or destruction or its use in committing or continuing a Schedule 1 offence.
(3) The power conferred by this section to seize property includes power—
(a) to remove the property from the premises where it is found; and
(b) to guard the property in or on those premises; and
(c) to make copies of the whole or any part of the property; and
(d) to issue an embargo notice under section 93 in respect of the property.
S. 92A inserted by No. 44/2022 s. 14.