Crimes Act. Australia

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СКАЧАТЬ to seize other things found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be seizable items; and

      (f) if the warrant so allows — to conduct an ordinary search or a frisk search of a person at or near the premises if the executing officer or a constable assisting suspects on reasonable grounds that the person has any evidential material or seizable items in his or her possession.

      (2) A warrant that is in force in relation to a person authorises the executing officer or a constable assisting:

      (a) to search the person as specified in the warrant and things found in the possession of the person and any recently used conveyance for things of the kind specified in the warrant; and

      (b) to:

      (i) seize things of that kind; or

      (ii) record fingerprints from things; or

      (iii) to take forensic samples from things;

      found in the course of the search; and

      (c) to seize other things found on or in the possession of the person or in the conveyance in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be:

      (i) evidential material in relation to an offence to which the warrant relates; or

      (ii) a thing relevant to another offence that is an indictable offence; or

      (iii) evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);

      if the executing officer or a constable assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and

      (d) to seize other things found in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be seizable items.

      (3) If the warrant states that it may be executed only during particular hours, the warrant must not be executed outside those hours.

      (4) If the warrant authorises an ordinary search or a frisk search of a person, a search of the person different to that so authorised must not be done under the warrant.

      3G Availability of assistance and use of force in executing a warrant

      In executing a warrant:

      (a) the executing officer may obtain such assistance; and

      (b) the executing officer, or a person who is a constable and who is assisting in executing the warrant may use such force against persons and things; and

      (c) a person who is not a constable and who has been authorised to assist in executing the warrant may use such force against things;

      as is necessary and reasonable in the circumstances.

      3H Details of warrant to be given to occupier etc.

      (1) If a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the executing officer or a constable assisting must make available to that person a copy of the warrant.

      (2) If a warrant in relation to a person is being executed, the executing officer or a constable assisting must make available to that person a copy of the warrant.

      (3) If a person is searched under a warrant in relation to premises, the executing officer or a constable assisting must show the person a copy of the warrant.

      (4) The executing officer must identify himself or herself to the person at the premises or the person being searched, as the case may be.

      (5) The copy of the warrant referred to in subsections (1) and (2) need not include the signature of the issuing officer or the seal of the relevant court.

      3J Specific powers available to constables executing warrant

      (1) In executing a warrant in relation to premises, the executing officer or a constable assisting may:

      (a) for a purpose incidental to the execution of the warrant; or

      (b) if the occupier of the premises consents in writing;

      take photographs (including video recordings) of the premises or of things at the premises.

      (2) If a warrant in relation to premises is being executed, the executing officer and the constables assisting may, if the warrant is still in force, complete the execution of the warrant after all of them temporarily cease its execution and leave the premises:

      (a) for not more than one hour; or

      (aa) if there is an emergency situation, for not more than 12 hours or such longer period as allowed by an issuing officer under section 3JA; or

      (b) for a longer period if the occupier of the premises consents in writing.

      (3) If:

      (a) the execution of a warrant is stopped by an order of a court; and

      (b) the order is later revoked or reversed on appeal; and

      (c) the warrant is still in force;

      the execution of the warrant may be completed.

      3JA Extension of time to re-enter premises in emergency situations

      (1) If:

      (a) a warrant in relation to premises is being executed; and

      (b) there is an emergency situation; and

      (c) the executing officer or a constable assisting believes on reasonable grounds that the executing officer and the constables assisting will not be able to return to the premises within the 12 hour period mentioned in paragraph 3J(2)(aa);

      he or she may apply to an issuing officer for an extension of that period.

      (2) Before making the application, the executing officer or a constable assisting must, if it is practicable to do so, give notice to the occupier of the premises of his or her intention to apply for an extension.

      (3) If an application mentioned in subsection (1) has been made, an issuing officer may extend the period during which the executing officer and constables assisting may be away from the premises if:

      (a) the issuing officer is satisfied, by information on oath or affirmation, that there are exceptional circumstances that justify the extension; and

      (b) the extension would not result in the period ending after the expiry of the warrant.

      3K Use of equipment to examine or process things

      Equipment may be brought to warrant СКАЧАТЬ