Search and Surveillance Act 2012

If you need more information about this Act, please contact the administering agency: Ministry of Justice

Subpart 12—Examination orders

Examination orders in business contexts

33 Inspector or more senior officer may apply for examination order in business context

(1)

A constable who is of or above the level of position of inspector may apply to a Judge for an examination order against a person in a business context if—

(a)

the constable is satisfied that the conditions specified in section 34 are met in respect of the person; and

(b)

the making of the application is approved by—

(i)

a Deputy Commissioner; or

(ii)

an Assistant Commissioner; or

(iii)

the District Commander (other than an acting District Commander) of the Police district in which the constable is stationed.

(2)

An application made under this section must be made in writing, and must set out the following particulars:

(a)

the name of the applicant:

(b)

a description of the offence that it is suspected has been committed, is being committed, or will be committed:

(c)

the facts relied on to show reasonable grounds to suspect that an offence has been committed, or is being committed, or will be committed:

(d)

a description of the information sought to be obtained by the examination order:

(e)

the facts relied on to show reasonable grounds to believe that the person against whom the order is sought has the information:

(f)

the facts that indicate that the person against whom the order is sought acquired the information in respect of which the order is sought in a business context:

(g)

the facts that indicate that the person against whom the order is sought has been given a reasonable opportunity by a constable to provide the information but has not done so.