Northern Territory Consolidated Acts

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POLICE ADMINISTRATION ACT 1978 - SECT 117

Search warrants

    (1)     Where an information on oath is laid before a justice of the peace alleging that there are reasonable grounds for believing that anything connected with an offence may be concealed on the person of, in the clothing that is being worn by or in any property in the immediate control of, a person, the justice of the peace may issue a search warrant authorising a member of the Police Force named in the warrant to search the person of, the clothing that is being worn by or property in the immediate control of, the person and seize any such thing that he may find in the course of the search.

    (2)     Where an information on oath is laid before a justice of the peace alleging that there are reasonable grounds for believing that there is at a place anything relating to an offence, the justice of the peace may issue a search warrant authorising a member of the Police Force named in the warrant to enter and search the place and seize anything relating to an offence found in the course of the search at the place.

    (3)     A justice of the peace shall not issue a warrant under subsection (1) or (2) in relation to an information unless:

        (a)     the information sets out or has attached to it a written statement of the grounds upon which the issue of the warrant is sought;

        (b)     the informant or some other person has given to the justice of the peace, either orally or by affidavit, such further information, if any, as the justice of the peace requires concerning the grounds on which the issue of the warrant is being sought; and

        (c)     the justice of the peace is satisfied that there are reasonable grounds for issuing the warrant.

    (4)     Where a justice of the peace issues a warrant under subsection (1) or (2) he shall record in writing the grounds upon which he relied to justify the issue of the warrant.

    (5)     There shall be stated in the warrant issued under this section the following particulars:

        (a)     the purpose for which the search or entry is authorised;

        (b)     a description of the nature of the things authorised to be seized; and

        (c)     the date, not being a date later than 14 days after the date of issue of the warrant, upon which the warrant ceases to have effect.

    (6)     A member may, at any time before a warrant issued under subsection (1) or (2) is executed, make application to a justice of the peace to withdraw the warrant.



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