Anti-Personnel Mines Prohibition Act 1998 No 111 (as at 01 October 2008), Public Act

22 Search warrants
  • (1) A District Court Judge, Justice, Community Magistrate, or Registrar (not being a member of the police), who, on an application, is satisfied that there are reasonable grounds for believing that entry to a place by a member of a fact-finding mission is necessary for the purpose of exercising any function contemplated, or any power provided for, in the Convention, may issue a search warrant in respect of the place.

    (2) An application under subsection (1)

    • (a) May not be made unless the consent of a person in control of the place is not, or may not be, obtainable; and

    • (b) Must be made by an officer in writing; and

    • (c) Must include a copy of relevant provisions of the Convention and a copy of the documents (if any) authorising the fact-finding mission.

    (3) For the purposes of subsection (2)(a), consent means consent to a member of a fact-finding mission, and any officer who may accompany the member, entering the place to exercise any function contemplated, or any power provided for, in the Convention.

    (4) A warrant issued under subsection (1)

    • (a) Authorises the member of the fact-finding mission (and any officer who may accompany the member) to enter the place at any time within 14 days of the issue of the warrant (or within such further time as the Judge, Justice, Community Magistrate, or Registrar may specify in the warrant) for the purpose of exercising any function contemplated, or any power provided for, in the Convention:

    • (b) Authorises an officer who may accompany the member of the fact-finding mission to use such force as is reasonable in the circumstances for effecting entry to or inspection of a place specified in the warrant (including force to break down a door or break open anything in the place):

    • (c) May be issued without conditions or subject to any conditions the Judge, Justice, Community Magistrate, or Registrar thinks fit.