Part 4General provisions in relation to search, surveillance, and inspection powers
Search warrants: Issuing of search warrant
103Form and content of search warrant
Every search warrant issued must be in the prescribed form, if any.
Every search warrant issued must be directed to every enforcement officer who has authority to execute the warrant.
A search warrant may be—
- executed by—
- any or all of the persons to whom it is directed; or
- any constable (whether or not the warrant is directed to that constable or to every constable):
- any or all of the persons to whom it is directed; or
- subject to any conditions specified in the warrant that the issuing officer considers reasonable, including (without limitation)—
- any restriction on the time of execution that is reasonable:
- a condition that the occupier or person in charge of a place must provide reasonable assistance to a person executing the warrant if, in the absence of such assistance, it would not be practical to execute the warrant without undue delay:
- any restriction on the time of execution that is reasonable:
- executed only once, unless execution on more than 1 occasion has been authorised.
Every search warrant must contain, in reasonable detail, the following particulars:
- the name or other individual designation of the issuing officer and the date of issue:
- the provision or provisions authorising the issue of the warrant (including, where relevant, the suspected offence or offences):
- that the person executing the warrant may use any assistance that is reasonable in the circumstances:
- that any person authorised to do so may execute the warrant:
- that the person executing the warrant may use any force, if authorised by this Act or any other enactment, that is reasonable in the circumstances to enter or break open or access any area within the place, vehicle, or other thing being searched, or the thing found:
- the address or description of the place, vehicle, or other thing that may be entered, or entered and searched, inspected, or examined:
- a description of what may be seized:
- the period during which the warrant may be executed, being—
- a period specified by the issuing officer not exceeding 14 days from the date of issue; or
- if the issuing officer is satisfied that a period of longer than 14 days is necessary for execution, a period specified by the issuing officer not exceeding 30 days from the date of issue:
- a period specified by the issuing officer not exceeding 14 days from the date of issue; or
- any conditions specified by the issuing officer under subsection (3)(b):
- if the warrant may be executed on more than 1 occasion, the number of times that the warrant may be executed:
- if the warrant is intended to authorise a remote access search (for example, a search of a thing such as an Internet data storage facility that is not situated at a physical location) the access information that identifies the thing to be searched remotely:
- an explanation of the availability of relevant privileges and an outline of how any of those privileges may be claimed (where applicable):
- a statement that,—
- in the case of a search under a search warrant issued in relation to offences under the Misuse of Drugs Act 1975, any person found in the place or vehicle to be searched may also be searched; or
- in the case of any other search authorised by this Act or any enactment specified in column 2 of Schedule 2 to which section 119 applies, any person found in the place or vehicle to be searched may be searched if there are reasonable grounds to believe that an item being searched for is on that person.
- in the case of a search under a search warrant issued in relation to offences under the Misuse of Drugs Act 1975, any person found in the place or vehicle to be searched may also be searched; or
A search warrant may authorise the search of more than 1 place, vehicle, or thing.
An issuing officer may not issue a search warrant authorising the remote access search of a thing unless he or she is satisfied that the thing is not located at a physical address that a person can enter and search.
A person is not required, as a consequence of a condition imposed under subsection (3)(b)(ii), to give any information tending to incriminate the person.
Notes
- Section 103(4)(m)(ii): amended, on , by section 27(1) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).