PART IIIPOWERS OF ENTRY, SEARCH AND SEIZURE

Search warrants

Search warrants—safeguards17

1

This Article and Article 18 have effect in relation to the issue to constables under any statutory provision, including a statutory provision passed or made after the making of this Order, of warrants to enter and search premises; and an entry on or search of premises under a warrant is unlawful unless the warrant complies with this Article and is executed in accordance with Article 18.

2

Where a constable applies for any such warrant, it shall be his duty—

a

to state—

i

the ground on which he makes the application; and

ii

the statutory provision under which the warrant would be issued;

b

to specify the premises which it is desired to enter and search; and

c

to identify, so far as is practicable, the articles or persons to be sought.

3

An application for such a warrant shall be supported by a complaint in writing and substantiated on oath.

4

The constable shall answer any question that the justice of the peace or judge hearing the application asks him.

5

A warrant shall authorise an entry on one occasion only.

6

A warrant—

a

shall specify—

i

the name of the person who applies for it;

ii

the date on which it is issued;

iii

the statutory provision under which it is issued; and

iv

the premises to be searched; and

b

shall identify, so far as is practicable, the articles or persons to be sought.

7

Two copies shall be made of a warrant.

8

The copies shall be clearly certified as copies by the justice of the peace or judge who issues the warrant.