(1) A search warrant authorises the person to whomit is directed—
(a) if the warrant is to search fora person—
(i) to break,enter and search any place where the person named or described in the warrantis suspected to be; and
(ii) to arrestthe person named or described in the warrant; and
(b) if the warrant is to search forany thing—
(i) to break,enter and search any place orvehicle named or described in the warrant forany article, thing or material of any kind named or described in the warrant;and
(ii) to bringthe article, thing or material before the Court so that the matter may bedealt with according to law; and
(iii) to arrestany person apparently having possession, custody or control of the article,thing or material.
(2) The person to whom a search warrant isdirected must cause the person named or described in the warrant, orapparently having possession, custody or control of any article, thing ormaterial named or described in the warrant, when arrested—
(a) to be brought before a bailjustice or the Court within a reasonable time of being arrested to be dealtwith according to law; or
(b) to be released on bail inaccordance with the endorsement on the warrant.
Note
Section 10A or12 of theBail Act 1977applies on a person being broughtbefore a bail justice or the Court at the expiration of thereasonable time referred to in subsection (2)(a).
(3) A person arrested on a search warrant may bedischarged from custody on bail in accordance with theBail Act 1977.
(4) In determining what constitutes a reasonabletime for the purposes of subsection (2)(a) the matters specified insection 464A(4) of theCrimes Act 1958may be considered.
(4A) If a person is brought before a bail justiceor the Court in accordance with subsection (2)(a), the bail justice or theCourt is not bound by the endorsement on the warrant when determining anymatter in relation to bail.
(5) For the purposes of subsection (1)(b)(ii) anarticle, thing or material may be brought before the Court by giving evidenceon oath or by affirmation to the Court as to the present whereabouts of thearticle, thing or material and by producing a photograph of it.
(6) The Court may direct that any article, thingor material seized under a search warrant be returned to its owner, subject toany condition that the Court thinks fit, if in the opinion of the Court it canbe returned consistently with the interests of justice.
(7) In this section—
"vehicle" includesmotor vehicle, aircraft and vessel.
