Section 31Part 5 — Guidelines and Operational Procedures
Authority for search
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An investigating officer may, for the purpose of an investigation into an offence to which this Act applies, with the assistance of the Director of Public Prosecutions, apply to the Grand Court for a warrant under this section in relation to specified premises.
On such application the court may issue a warrant authorising the investigating officer to enter and search the premises if it is satisfied that —
an order made under section 30(2) in relation to material on the premises has not been complied with;
the conditions in subsection (3) are fulfilled; or
the conditions in subsection (4) are fulfilled.
The conditions referred to in subsection (2)(b) are that —
there are reasonable grounds for suspecting that a specified person has carried on or has benefited from an offence to which this Act applies;
the conditions of section 30(4)(b) and (c) are fulfilled in relation to any material on the premises; and
it would not be appropriate to make an order under section 31 in relation to the material because —
it is not practicable to communicate with any person entitled to produce the material;
it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated; or
the investigation for the purposes of which the application is made might be seriously prejudiced unless an investigating officer could secure immediate access to the material.
The conditions referred to in subsection (2)(c) are that —
there are reasonable grounds for suspecting that a specified person has carried on or has benefited from an offence to which this Act applies;
there are reasonable grounds for suspecting that there is on the premises material relating to the specified person or to the offence which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made, but that the material cannot at the time of the application be particularised; and
it is not practicable to communicate with any person entitled to grant entry to the premises; entry to the premises will not be granted unless a warrant is produced; or the investigation for the purpose of which the application is made might be seriously prejudiced unless an investigating officer arriving at the premises could secure immediate entry to them.
it is not practicable to communicate with any person entitled to grant entry to the premises;
entry to the premises will not be granted unless a warrant is produced; or
the investigation for the purpose of which the application is made might be seriously prejudiced unless an investigating officer arriving at the premises could secure immediate entry to them.
Where an investigating officer has entered premises in the execution of a warrant issued under this section, that investigating officer may seize and retain any material, other than items subject to legal privilege, which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the warrant was issued.
Cross References
- Section 30 of Anti Corruption Act
section 30
Referenced By
- Section 31A — Offence in relation to a warrant under section 31
warrant issued under section 31