Misuse of Drugs Amendment Act 1978

13E Detention warrant

(1)

Subject to subsection (2) of this section, every application for a warrant authorising the continued detention of any person under section 13A of this Act shall be made by a member of the Police or an officer of Customs in writing and on oath, and shall set out, or be accompanied by, the following particulars:

(a)

The facts relied upon to show that there is reasonable cause to believe that the detained person has any Class A controlled drug or Class B controlled drug secreted within that person’s body for any unlawful purpose:

(b)

The time at which, the date on which, and the place at which the detention commenced under section 13A of this Act:

(c)

The address, and a description of the nature, of the premises in which the detained person is being detained, and, if it is proposed that the detained person be moved to any other premises for the purposes of the detention, the address, and a description of the nature, of those other premises:

(d)

The time or times at which, and the date or dates on which, the detained person was asked if he or she wished to undergo any examination of a kind described in section 13C(1) of this Act, and the detained person’s response to any such question, including the reasons given by the detained person for any negative response:

(e)

If any such examination has been conducted, the results of that examination as set out in the certificate given under section 13D(1) of this Act.

(2)

In any case where, because of the urgency of the matter or for any other sufficient cause, it seems proper to do so, a District Court Judge may permit an application under this section to be made on oath orally, but in that event the Judge shall make a note in writing of the particulars referred to in paragraphs (a) to (e) of subsection (1) of this section.

(3)

In considering an application made under this section, the Judge may take into account any oral or documentary material that the Judge considers relevant, whether or not it would be admissible in a Court of law.

(4)

If, on an application made under this section, a Judge is satisfied—

(a)

That there has been reasonable compliance with the requirements of section 13B of this Act; and

(b)

That there is reasonable cause to believe that the detained person has secreted within that person’s body any Class A controlled drug or Class B controlled drug for any unlawful purpose; and

(c)

That the premises in which the detained person is being detained, or any other premises in which it is proposed to detain that person, are suitable for the purpose,—

the Judge may grant a detention warrant in the prescribed form authorising the continued detention of the person to whom it relates under section 13A of this Act.

(5)

A detention warrant issued under subsection (4) of this section shall authorise the continued detention of the person named in it in the premises specified in it until—

(a)

The expiry of the period of 7 days commencing with the date on which the detention under section 13A of this Act commenced, or such shorter period as the Judge may specify in the warrant; or

(b)

The detention is sooner brought to an end in any of the circumstances described in section 13H of this Act.

(6)

On granting a detention warrant under this section, a Judge—

(a)

Shall record in writing his or her reasons for granting the warrant; and

(b)

May impose all such conditions relating to the circumstances and conduct of the detention as the Judge thinks fit.

Sections 13A to 13M (and the preceding heading “Internal concealment”) were inserted, as from 1 October 1985, by section 2 Misuse of Drugs Amendment Act 1985 (1985 No 130).