Search warrants

340 Search warrants

(1)

A gambling inspector or constable may apply for a search warrant to search a place or thing.

(2)

An application must be made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012 to an issuing officer (within the meaning of section 3 of that Act).

(3)

The issuing officer may issue a search warrant to a gambling inspector or a constable if there are reasonable grounds for believing that—

(a)

an offence has been, or is being, committed at the place or involving the thing:

(b)

there is in, on, over, or under the place or thing, any thing that is evidence of an offence.

(3A)

Subject to subsection (3B), the provisions of Part 4 of the Search and Surveillance Act 2012 apply.

(3B)

Despite subsection (3A), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or every constable.

(4)

In this section and section 344, offence means—

(a)

an offence against this Act; or

(b)

a crime involving dishonesty that involves or relates to gambling or the conduct of gambling.

Compare: 1977 No 84 s 117

Section 340(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 340(2): replaced, on 1 October 2012, by section 254(7) of the Search and Surveillance Act 2012 (2012 No 24).

Section 340(3): amended, on 1 October 2012, by section 254(8) of the Search and Surveillance Act 2012 (2012 No 24).

Section 340(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 340(3A): inserted, on 1 October 2012, by section 254(9) of the Search and Surveillance Act 2012 (2012 No 24).

Section 340(3B): inserted, on 1 October 2012, by section 254(9) of the Search and Surveillance Act 2012 (2012 No 24).

Section 340(4): amended, on 1 October 2012, by section 254(10) of the Search and Surveillance Act 2012 (2012 No 24).

Section 340(4)(b): amended, on 3 March 2015, by section 116 of the Gambling Amendment Act 2015 (2015 No 3).