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CRIMES ACT 1900 - SECT 255
Issue of search warrants (1) If, on the application of a police officer, a magistrate is satisfied that there are reasonable grounds to believe—
(a) that an offence to which this Act applies has been, or is intended to be, committed; and
(b) that there is in any premises an object relevant to the investigation of that offence;
the magistrate may issue a search warrant in respect of those premises.
(2) An application for the issue of a search warrant may be made either personally or by telephone.
(3) The grounds of an application for a search warrant shall be verified by affidavit.
(4) An application for the issue of a search warrant shall not be made by telephone unless in the opinion of the applicant a search warrant is urgently required and there is insufficient time to make the application personally.
(5) If an application for the issue of a search warrant is made by telephone—
(a) the applicant shall inform the magistrate of his or her name and of his or her rank and number in the police force, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is a police officer; and
(b) the applicant shall inform the magistrate of the grounds on which he or she seeks the issue of the search warrant; and
(c) if it appears to the magistrate from the information given by the applicant that there are proper grounds for the issue of a search warrant—he or she shall inform the applicant of the facts on which he or she relies as grounds for the issue of the warrant, and shall not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and
(d) if the applicant gives the undertaking—the magistrate may then make out, and sign, a search warrant, noting on the warrant the facts on which he or she relies as grounds for the issue of the warrant; and
(e) the search warrant shall be deemed to have been issued, and shall come into force, when signed by the magistrate; and
(f) the magistrate shall inform the applicant of the terms of the warrant; and
(g) the applicant shall, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c).
(6) A magistrate by whom a search warrant is issued shall file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Magistrates Court.
(a) that an offence to which this Act applies has been, or is intended to be, committed; and
(b) that there is in any premises an object relevant to the investigation of that offence;
the magistrate may issue a search warrant in respect of those premises.
(2) An application for the issue of a search warrant may be made either personally or by telephone.
(3) The grounds of an application for a search warrant shall be verified by affidavit.
(4) An application for the issue of a search warrant shall not be made by telephone unless in the opinion of the applicant a search warrant is urgently required and there is insufficient time to make the application personally.
(5) If an application for the issue of a search warrant is made by telephone—
(a) the applicant shall inform the magistrate of his or her name and of his or her rank and number in the police force, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is a police officer; and
(b) the applicant shall inform the magistrate of the grounds on which he or she seeks the issue of the search warrant; and
(c) if it appears to the magistrate from the information given by the applicant that there are proper grounds for the issue of a search warrant—he or she shall inform the applicant of the facts on which he or she relies as grounds for the issue of the warrant, and shall not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and
(d) if the applicant gives the undertaking—the magistrate may then make out, and sign, a search warrant, noting on the warrant the facts on which he or she relies as grounds for the issue of the warrant; and
(e) the search warrant shall be deemed to have been issued, and shall come into force, when signed by the magistrate; and
(f) the magistrate shall inform the applicant of the terms of the warrant; and
(g) the applicant shall, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c).
(6) A magistrate by whom a search warrant is issued shall file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Magistrates Court.
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