CHAPTER THREE
Procedure
PART II
SEARCH AND SEIZURE
Justice of the peace to issue search warrant
617. Where due to the absence in a magisterial district of a Magistrate or for any other cause, it is not practicable to make immediate application to a Magistrate for the issue of a search warrant and the ends of justice are likely to be defeated by the delay in making such application to a Magistrate, any Justice of the Peace shall take the necessary complaint information, and if he or she is of the opinion that a case for doing so, has been made issue the search warrant in the same manner as a Magistrate would do, but all subsequent proceedings in the case shall be taken before a Magistrate.
Search by direction and in presence of a Magistrate
618. Any Magistrate may direct a search to be made in his or her presence of any place in respect of which he or she is competent to issue a search warrant.
Duty to allow search
619.— (1) Whenever any place liable by virtue of a warrant to search or inspection is closed, any person residing in, or in charge of such place shall, on demand of the officer or person executing the warrant, and on production of the warrant, allow him or her free access into such place and afford reasonable facilities for the search.
(2) If access into such place cannot be so obtained, the officer or person executing the warrant may proceed in the manner provided under section 581.
(3) Where the person in or about such place is reasonably suspected of concealing on his or her person any article for which a search may be made, the person may be searched.
(4) If the person is a female, the provisions of section 588 shall apply.
Search for Persons Search for and removal of persons wrongfully confined
620.— (1) Where a Magistrate has reason to believe that any person is confined in circumstances that amounts to an offence, he or she may issue a search warrant, and the person to whom such warrant is directed may search for the person so confined.
(2) The search shall be made in accordance with the terms of the warrant and the person, if found, shall immediately be brought before the Magistrate, who shall make any order as in the circumstances of the case seems proper.
Search for male or female suspected to be detained for immoral purposes
621.— (1) If it appears to a Magistrate, on complaint or information laid before him or her upon oath by any parent, guardian, or relative of any male or female, or by any other person who, in the opinion of the Magistrate, is bona fide acting in the interest of any male or female, that there is reasonable cause to suspect that such male or female is unlawfully detained for immoral purposes by the person in any place within the jurisdiction of the Magistrate, the Magistrate may issue a warrant authorising the person named in the warrant to search for, and when found, to take to and detain in a place of safety, such male or female, until he or she can be brought before him or her or any other Magistrate.
(2) The Magistrate before whom the male or female is brought may cause him or her to be delivered up to his or her parents or guardian, or to be otherwise dealt with as the circumstances may permit and require.
(3) The Magistrate issuing the warrant may, by the same or other warrant, cause the person accused of so unlawfully detaining such male or female to be arrested and brought before him or her or any other Magistrate for proceedings to be taken against the person as appropriate.
(4) A male or female is unlawfully detained for immoral purposes if he or she is so detained for the purpose of the person or another person unlawfully having sexual intercourse or sexual connection with the male or female, for performing any incident act of whatever nature, and —
(a) he or she is under twelve years of age;
(b) if he or she is of or above twelve years and under sixteen years of age, is so detained against his or her will, or against the will of his or her father and mother or of any other person having the lawful care or charge of him or her;
(c) if he or she is of or above sixteen years of age, is so detained against his or her will.
(5) Any person who is authorised by warrant under this section to search for any male or female so detained may enter, if need be by force, any house, building or other place specified in the warrant, and may remove the male or female from the house, building or place.
(6) Every warrant issued under this section shall be addressed to and executed by the Commissioner of Police or any other police officer who shall be accompanied by the parent, guardian, or relative of such male or female or the person laying the charge, if the person so desires, unless the Magistrate otherwise directs.
Search for and Seizure of Property Issue of warrant to search for and seize and remove property
622. Where a Magistrate is satisfied upon oath that there is reason¬able ground for believing that there is, in any building, ship, carriage, box, receptacle or place —
(a) anything upon or in respect of, which any offence has been or is suspected to have been committed, for which, according to any law for the time being in force, the offender may be arrested without warrant;
(b) anything which there is reasonable ground for believing will afford evidence as to the commission of any such offence;
(c) anything which there is reasonable ground for believing is in¬tended to be used for the purpose of committing any offence against the person, for which, according to any law for the time being in force, the offender may be arrested without warrant,
he or she may at any time issue a warrant under his or her hand, authorising a police officer named in the warrant to search such building, ship, carriage, box, receptacle, or place for any such thing, and to seize and bring any such thing before the Magistrate who issued the warrant or any other Magistrate, to be dealt with by him or her according to law.
Seizure of things not specified
623.- (1) Every person who executes a warrant may seize, in addition to the things mentioned in the warrant, any thing that the person believes on reasonable grounds —
(a) has been obtained by the commission of an offence against the Code or any other enactment;
(b) has been used in the commission of an offence against the Code or any other enactment; or
(c) will afford evidence in respect of an offence against the Code or any other enactment.
(2) Every police officer who is lawfully present in a place pursuant to a warrant or otherwise in the execution of duties may, without a warrant, seize any thing that the officer believes on reasonable grounds—
(a) has been obtained by the commission of an offence against the Code or any other enactment;
(b) has been used in the commission of an offence against the Code or any other enactment; or
(c) will afford evidence in respect of an offence against this or any other enactment.
Information for search warrant
624.— (1) A Magistrate who is satisfied by information on oath that there are reasonable grounds for believing that there is in a building, ship, carriage, box, receptacle or place —
(a) anything on or in respect of which any offence has been or is suspected to have been committed;
(b) anything that there are reasonable grounds to believe will af¬ford evidence with respect to the commission of an offence, or will reveal the whereabouts of a person who is believed to have committed an offence; or
(c) anything that there are reasonable grounds to believe is intended to be used for the purpose of committing any offence against any person for which a person may be arrested without war¬rant;
(d) any offence-related property;
may at any time issue a warrant authorizing a police officer who is named in the warrant —
(i) to search the building, receptacle or place for any such thing and to seize it, and
(ii) bring the thing seized before the justice or some other Magistrate to be dealt with by him or her according to law.
(2) A person authorized under this section to search computer system in a building or place for data may —
(a) use or cause to be used any computer system at the building or place in order to search any data contained in or available to the computer system;
(b) reproduce or cause to be reproduced any data in the form of a print-out or other intelligible output;
(c) seize the print-out or other output for examination or copying; and
(d) use or cause to be used any copying equipment at the place to make copies of the data.
(3) Every person who is in possession or control of any building or place in respect of which a search is carried out under this section shall, on presentation of the warrant, permit the person carrying out the search —
(a) to use or cause to be used any computer system at the building or place in order to search any data contained in or available to the computer system for data that the person is authorized by this section to search for;
(b) to obtain a hard copy of the data and to seize it; and
(c) to use or cause to be used any copying equipment at the place to make copies of the data.
(4) A Magistrate may issue a warrant in writing authorizing a police officer to, subject to this section, use any device or investigative technique or procedure or do any thing described in the warrant that would, if not authorized, constitute an unreasonable search or seizure in respect of a person or a person’s property if —
(a) the Magistrate is satisfied by information on oath in writing that there are reasonable grounds to believe that an offence has been or will be committed and that information concerning the offence will be obtained through the use of the technique, procedure or device or the doing of the thing;
(b) the Magistrate is satisfied that it is in the best interests of the administration of justice to issue the warrant; and
(c) there is no other provision in this Code or any other enactment that would provide for a warrant, authorization or order permitting the technique, procedure or device to be used or the thing to be done.
(5) Nothing in subsection (4) shall be construed as to permit interference with the bodily integrity of any person.
(6) A warrant issued under subsection (4) shall contain such terms and conditions as the Magistrate considers advisable to ensure that any search or seizure authorized by the warrant is reasonable in the circumstances.
(7) A warrant issued under subsection (4) that authorizes a police officer to observe, by means of a television camera or other similar electronic device, any person who is engaged in activity in circumstances in which the person has a reasonable expectation of privacy shall contain such terms and conditions as the Judge considers advisable to ensure that the privacy of the person or of any other person is respected as much as possible.
(8) A warrant issued under subsection (4) that authorizes a police officer to enter and search a place covertly shall require, as part of the terms and conditions referred to in subsection (6) that notice of the entry and search be given within any time after the execution of the warrant that the Magistrate considers reasonable in the circumstances.
(9) Where the Magistrate who issues a warrant under subsection (4) or any other Magistrate having jurisdiction to issue such a warrant is, on the basis of an affidavit submitted in support of an application to vary the period within which the notice referred to in subsection (8) is to be given, is satisfied that the interests of justice warrant the granting of the application, the Magistrate may grant an extension, or a subsequent extension, of the period, but no extension may exceed three years.
(10) Where a police officer believes that it would be impracticable to appear personally before a Magistrate to make an application for a warrant under this section, a warrant may be issued under this section on an information submitted by telephone or other means of telecommunication and, for that purpose, subsection (1) applies, with such modifications as the circumstances require, to the warrant.
Time for execution of search warrant
625. A search warrant may be issued and executed on any day including Sunday, or public holiday and at any hour.
Detention and disposal of property seized under search warrant
626.— (1) When any such thing is seized and brought before the Magistrate pursuant to section 622, he or she may detain it, taking reasonable care to preserve it till the conclusion of the investigation, or trial of the case.
(2) If any appeal is made, or, if the person is committed for trial, the Magistrate may order that the thing be further detained for the purpose of the appeal or of evidence at the trial.
(3) Except otherwise provided in sections 627 to 629 where no appeal is made, or, no person is committed, the Magistrate shall direct such thing to be restored to the person from whom it was taken unless he or she is authorised or required by law to dispose if it otherwise.
Disposal in case of counterfeit note or other thing
627. If, under any warrant, there is brought before any Magistrate any counterfeit note or any other thing, the possession of which with knowledge of its nature and without lawful excuse is an offence according to any law for the time being in force, every such note or thing shall be delivered to the
Accountant General or to any person authorised by him or her to receive it as soon as it has been produced in evidence, or as soon as it appears that it will not be required to be so produced.
Disposal of forged bank-note, etc, taken under such warrant
628. If, under any warrant, there is brought before any Magistrate any forged bank-note, bank note paper, instrument or any other instrument or any other thing, the possession of which, in the absence of lawful excuse, is an offence according to any law for the time being in force, the Court, if any person is committed for trial, or the Magistrate, if there is no commitment for trial, may cause the instrument or thing to be defaced or destroyed.
Power to seize counterfeit notes
629.— (1) If any person finds or discovers, in any place, or in the custody or possession of any other person who has no lawful authority or excuse —
(a) any false or counterfeit note resembling, or apparently intended to resemble or pass for, any of the notes of the State or any foreign State or country;
(b) any instrument, tool, or device whatsoever adapted and intended for counterfeiting of any such note,
it shall be lawful for the person who so finds or discovers any of the things mentioned in this subsection, to seize and bring it forthwith before a Magistrate.
(2) Where it is proved, on the oath of a credible witness, before any Magistrate that there is reasonable cause to suspect that any person —
(a) has been involved in counterfeiting the note referred to in sub-section (1);
(b) has in his or her custody or possession—
(i) any such false or counterfeit note;
(ii) any instrument, tool or device whatsoever adapted and in-tended for making or counterfeiting of any such note;
(iii) any other machine used or intended to be used for making or counterfeiting any such note,
it shall be lawful for any Magistrate by warrant under his or her hand, to cause any place belonging to or occupied by, or under the control of, the suspected person to be searched, either in the day or in the night, and if any false or counterfeit note, or any instrument, tool, or device, or any machine, is or are found in any place so searched, to cause them to be seized and brought forthwith before a Magistrate.
(3) Where any item referred to in subsection (1) is seized and brought before a Magistrate, the Magistrate shall, if necessary, cause it to be secured for the purpose of being produced in evidence against any per¬son who may be prosecuted for any offence relating to note.
(4) Any such item after it has been produced in evidence, or if it is not required to be produced in evidence, shall forthwith be delivered to the Accountant General or to any person authorised by him or her to receive it.
Warrant to enter and seize and to arrest in case of suspected brothel, etc.
630.— (1) It shall be lawful for any Magistrate, on the information upon oath of any credible person to authorise, by warrant under his or her hand, any police officer to enter any building, place, or premises suspected to be used as a brothel, and to take into custody all persons, and to seize monies or securities for money found in such building, place or premises.
(2) All such monies and securities for money shall be paid into the Treasury for the use of the State.
(3) Nothing contained in this section shall prevent any proceedings against the owner, occupier, keeper or any other person in any way engaged in the management of any brothel.
Search, etc., on police report
631. The search, arrest and seizure in the case of any brothel, may also lawfully be carried out under an order made in writing by a Magistrate upon a report in writing made to him or her by the Commissioner of Police or a police officer.
Seizure of goods suspected liable to forfeiture
632.— (1) Any police officer shall stop and take possession of all goods subject or liable, or reasonably suspected to be subject or liable to forfeiture, under any enactment for the time being in force relating to customs or excise, or goods smuggled, or reasonably suspected to be smuggled, and shall deliver them to any revenue officer, or if any such goods are reasonably suspected to have been stolen or unlawfully obtained, the police officer may convey them to a police station.
(2) The police officer shall in every such case seize and detain any vessel, package, cart, animal or other thing whatsoever, in which the goods are contained or by which they are carried or conveyed and arrest the person from whom they are taken.
(3) Where goods are detained under subsection (2) the police officer shall give notice to the Comptroller of Customs or the Commissioner of Police of the goods so detained, together with the particulars of the goods.
(4) Immediately after the trial of the offender, all such goods shall be placed under the custody of the Comptroller of Customs for any proceedings to be taken as may be deemed expedient.
(5) A police officer who neglects to convey such goods, or to give such notice shall on summary conviction be liable to a fine not exceeding five hundred dollars and in default of payment to imprisonment for two months.
Powers and protection in case of search for explosive or dangerous thing
633.— (1) If the thing to be searched for is gunpowder or any other explosive or dangerous or noxious substance or thing, the person making the search shall have the same powers and privileges as are given by any enactment for the time being in force to the person lawfully authorised to search for any such thing.
(2) Any such thing shall be disposed of in the manner provided by the relevant enactment or where no such provision is made, in such manner as the Magistrate may order.
Report by police to Court as to property taken from accused
634. If upon the arrest of any person charged with any offence, any property is taken from him or her, the Police shall make a report to the Court of the fact that the property has been taken from that person and of the particulars of the property.
Order to seize property in case of suspected crime
635.— (1) A Judge or a Magistrate may order the seizure of any property which there is reason to believe has been obtained by, or is the proceeds of any crime, or into which the proceeds of any crime have been converted, and may direct that the property is kept or sold, and that the property or its proceeds, if sold, is held as he or she directs, until any other person establishes to his or her satisfaction a right to the property.
(2) Where no such right is claimed by any person within six months from the seizure, the property, or its proceeds, shall vest in the Accountant General for use of the State, and shall be disposed of accordingly.
Seizure and disposal of things suspected to be provided or prepared for committing crime
636. A Judge or a Magistrate may order the seizure of any instrument, material or thing which there is reason to believe is produced or prepared, or is being prepared, with a view to the commission of a crime, and may direct that such instrument, material or thing be held and dealt with in the same manner as property seized under section 635.
Search warrant
637. Any order made under section 635 to 636 may be enforced by a search warrant.
Entering vessel to detect or prevent crime
638.— (1) A police officer who has reasonable cause to suspect that any indictable offence has been or is about to be committed in or on board any vessel, which is in any bay, creek, inlet, or river, or within twelve miles of the shore of this State, may enter at all times, both by night and day, upon such vessel, and may take all necessary measures to prevent or detect any indictable offence which he or she reasonably suspects has been or is about to be committed, and may arrest all persons reasonably suspected to be involved in the commission of the offence, and may take charge of all property reasonably suspected to have been stolen.
(2) Any police officer may, upon the request of the person in charge of the vessel, enter upon the vessel, and act, with respect to all cases of summary offences, in the same manner as a police officer might act when he or she enters upon any house or other property at the request of its occupier.
Search of vessel or conveyance for goods suspected to be liable to forfeiture, or smuggled
639.— (1) Any police officer, or any person acting with him or her and in his or her aid or assistance, may, upon reasonable suspicion that goods contained therein are liable to forfeiture or are smuggled, stop and search —
(a) any vessel within twenty miles of the shore of this State; and also
(b) any cart, carriage, or other conveyance,
with the object of ascertaining whether the vessel, cart, or carriage or other conveyance contains or carries any goods subject or liable to forfeiture, or which are smuggled.
(2) Any person in charge of any such vessel, cart, or carriage, or other conveyance who refuses to stop when required to do so by a police officer or such other person authorised in that behalf, shall on summary conviction, be liable to a fine not exceeding one thousand dollars, and, in default of payment, to imprisonment for one year.
(3) Where no such goods are found, the police officer or such other person who has so stopped and searched such vessel, cart, or carriage, or other conveyance, whether on sea or land, shall not on that account be liable to any prosecution or legal action.
Court to order delivery of property to person apparently entitled
640. Subject to the provisions of sections 641 to 644 or any other enactment, when the person is convicted of a crime, any property found in his or her possession, or in the possession of any other person for him or her, may be ordered by the Court to be delivered to the person who appears to the
Court to be entitled to the property.
Order for delivery in case of pawned property
641.— (1) When any person is convicted of having stolen or dishonestly obtained any property, and it appears to the Court that the property has been pawned to a pawnbroker or other person, the Court may order the delivery of the property to the person who appears to the Court to be the owner, either on payment or without payment to the pawnbroker or other person of the amount of the loan or any part of it as the Court may consider just having regard to all the circumstances of the case.
(2) If the person in whose favour an order is made under subsection (1), pays the money involved to the pawnbroker or other person and obtains the property, he or she shall not afterwards question the validity of the pawn and to that extent, the order shall have no other effect than the change of possession in respect of the goods and shall not in any way affect any right of action existing or acquired in respect of the goods before or after the crime was committed.
(3) Nothing in this section shall prevent the Court from ordering the return to any person charged with a crime, or to any person named by the Court, of any property found in the possession of the person so charged, or in the possession of any other person for him or her, or of any portion of such property, if in the opinion of the Court the interest of justice will best be served by the return of such property or a portion of it to the person so charged.
Order on conviction for restoration of property to or for owner
642.— (1) When a person is prosecuted on a charge for an offence of which the unlawful acquisition of the property by him or her is an element, and he or she is convicted of the offence, the Court may order that the property be restored to the owner or his or her representative.
(2) Any such order has the effect of a judgment and is binding on the offender and any person claiming through him or her as determining the ownership of the property, but as regards any other person the order has the effect only of changing the possession of the property and does not affect any right of property or right of action.
(3) In any such case, the Court may order that the personal property which is found in the possession of the offender and which appears to the Court to have been derived directly or indirectly, from unlawful acquisition of property, shall be delivered to any person who appears to the Court to be entitled to the property so unlawfully acquired.
(4) This section does not apply to a valuable security, if it appears that the security has been paid or discharged in good faith by the person liable for the payment thereof, or, in the case of a negotiable instrument, that it has been taken or received by transfer or delivery in good faith by some person for a valuable consideration and without any reasonable cause to suspect that it has been unlawfully acquired.
Power to order payment out of money taken from accused
643. When an accused person has been convicted of stealing or unlawfully obtaining any property, and it appears to the Court from the evidence that he or she sold such property or part of it to any person who had no knowledge that it was stolen or unlawfully obtained, the Court may where money has been taken from the accused on his or her arrest, on the application of the purchaser and on restitution of the property to its owner, order that out of the money taken from the accused, if it belongs to him or her, that a sum not more than the proceeds of the sale be paid to such purchaser.
Power to order restitution of property although no conviction
644. The Court may also, if it sees fit, award restitution of the property taken from the prosecutor, or any witness for the prosecution, or other person, as a result of the commission of such offence, although the person charged is not convicted, if the jury declares, as it may do, or where the offender is tried without a jury, if it is proved to the satisfaction of the Court by whom he or she is tried that such property belongs to the prosecutor or witness or the other person, and that he or she was unlawfully deprived of it through such offence.
Provisions as to restitution additional to other enactments
645. The provisions of this Code governing the restitution of property shall be in addition to and not in derogation of the provisions of any enactment governing such restitution.
Order denying access to information used to obtain any warrant
646.— (1) A Judge or Magistrate may, on application made at the time of issuing a warrant under this Code or any other enactment or at any time thereafter, make an order prohibiting access to and the disclosure of any information relating to the warrant on the ground that —
(a) the ends of justice would be subverted by the disclosure for one of the reasons referred to in subsection (2) or the information might be used for an improper purpose; and
(b) the ground referred to in paragraph (a) outweighs in importance the access to the information.
(2) For the purposes of paragraph (1)(a), an order may be made under subsection (1) on the ground that the ends of justice would be subverted by the disclosure —
(a) if disclosure of the information would
(i) compromise the identity of a confidential informant;
(ii) compromise the nature and extent of an ongoing investigation;
(iii) endanger a person engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used; or
(iv) prejudice the interests of an innocent person; and
(b) for any other sufficient reason.
(3) Where an order is made under subsection (1), all documents relating to the application shall, subject to any terms and conditions that the Judge or Magistrate considers desirable in the circumstances, including, without limiting the generality of the foregoing, any term or condition concerning the duration of the prohibition, partial disclosure of a document, deletion of any information or the occurrence of a condition, be placed in a packet and sealed by the Judge or Magistrate immediately on determination of the application, and that packet shall be kept in the custody of the Court in a place to which the public has no access or in any other place that the Judge or Magistrate may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (4).
(4) An application to terminate the order or vary any of its terms and conditions may be made to the Judge or Magistrate who made the order or a Judge of the Court before which any proceedings arising out of the investigation in relation to which the warrant was obtained may be held.
Search and seizure - national proceedings
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