Western Australia: Criminal Investigation Act 2006 (WA)

Western Australia Criminal Investigation Act 2006 Western Australia Criminal Investigation Act 2006 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Reasonably suspects, meaning of 1 5. Thing relevant to offence, meaning of 1 5A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies 1 6. Other written laws, this Act's relationship with 1 7. Common law, this Act's relationship with 1 8A. Authority required for some investigations 1 8. Officer's powers as individual not affected 1 9. Public officers may be authorised to exercise powers 1 10. Informing people who do not understand English 1 11. Officers' duty to identify themselves 1 12. Delegation by officers 1 13. Warrants and orders, applying for 1 Part 2 — Ancillary provisions about exercising powers 14. When powers may be exercised 1 15. Assistance to exercise powers 1 16. Force, use of when exercising powers 1 17. Animals, use of by officers exercising powers 1 18. Roadblocks, use of to stop vehicles 1 19. Stopping vehicles, powers in connection with 1 20. Power to enter includes power to enter some other places 1 21. Forensic examination of thing relevant to offence 1 22. Gender of person, ascertaining 1 23. Consent to search or procedure, presumption against and withdrawal of 1 Part 3 — Citizens' powers 24. Prevention of offences and violence 1 25. Citizen's arrest 1 26. Person in command of vehicle, powers of 1 Part 4 — Miscellaneous official powers and duties Division 1 — Move on orders 26A. Terms used 1 27. Suspects and others may be ordered to move on 1 27A. Directions for purposes of giving move on orders 1 27B. Method of giving move on orders 1 Division 2 — Miscellaneous 28. Persons accompanying officers to be informed of rights 1 Part 5 — Entering and searching places and vehicles Division 1 — General 29. Places with 2 or more occupiers, interpretation 1 30. Entry and search with occupier's consent 1 31. Occupier's rights 1 Division 2 — Powers without a search warrant 32A. Terms used 1 32. Warrant not required to exercise this Division's powers 1 33. Public open area, search powers in 1 34. Public place, entry to keep order in 1 35. Place or vehicle, entry of to prevent violence 1 36. Place or vehicle, entry of to attend to dead or seriously ill or injured person 1 37. Place or vehicle, entry of to investigate serious event 1 38A. Authorisation to enter place or vehicle to prevent or disperse out‑of‑control gathering 1 38B. Entry of place or vehicle to prevent or disperse out‑of‑control gathering 1 38C. Offence not to comply with order relating to out‑of‑control gathering 1 38. Vehicle, searches of to prevent offences, damage etc. 1 39. Vehicle, search of for things relevant to offence 1 40. Place, entry of to establish protected forensic area for serious offence 1 Division 3 — Powers with a search warrant 41. Search warrant, application for 1 42. Search warrant, issue of 1 43. Search warrant, effect of 1 44. Search warrant, ancillary powers under 1 45. Search warrant, execution of 1 Division 4 — Protected forensic areas 46. Protected forensic area, establishment of 1 47. Protected forensic area, powers in relation to 1 48. Protected forensic area, continuance of 1 49. Protected forensic area, review of need for 1 Part 6 — Obtaining business records 50. Terms used 1 51. Application of this Part 1 52. Order to produce, application for 1 53. Order to produce, issue of 1 54. Order to produce, service of 1 55. Order to produce, effect of 1 56. Produced records, powers in respect of 1 Part 7 — Gaining access to data controlled by suspects 57. Terms used 1 58. Data access order, application for 1 59. Data access order, issue of 1 60. Data access order, service of 1 61. Data access order, effect of 1 Part 7A — Use of metal detectors without warrant in designated areas Division 1 — Preliminary 61A. Terms used 1 Division 2 — Declaration of designated areas 61B. Declaration of designated areas 1 Division 3 — Powers in public places within designated areas 61C. Use of metal detectors 1 61D. Requirements if metal detector indicates metal 1 61E. Requirements for use of metal detectors 1 Division 4 — Miscellaneous 61F. Annual report to Minister on this Part 1 61G. Review of Part 1 Part 8 — Searching people Division 1 — Preliminary 62. Terms used 1 63. Basic search, meaning of 1 64. Strip search, meaning of 1 65. Searches, ancillary powers for 1 66. How searches must be done 1 Division 2 — General powers to search people 67. Warrant not required to exercise this Division's powers 1 68. Searching people for things relevant to offences 1 69A. Searching people for things relevant to prohibited behaviour orders 1 69B. Searching people for things relevant to interim control orders or control orders 1 69. People and vehicles in public places, search of for security purposes 1 Division 3 — How searches must be done 70. Basic search or strip search, rules for doing 1 71. Basic search, additional rules for doing 1 72. Strip search, additional rules for doing 1 Part 9 — Forensic procedures on people Division 1 — Preliminary 73. Terms used 1 74. Non‑intimate forensic procedure, meaning of and powers for 1 75. Intimate forensic procedure, meaning of and powers for 1 76. Internal forensic procedure, meaning of and powers for 1 77. Forensic procedures, purpose of 1 78. How forensic procedures must be done 1 Division 2 — Forensic procedures on volunteers 79. Term used: volunteer 1 80. Volunteer for forensic procedure to be informed 1 81. When forensic procedure may be done on volunteer 1 Division 3 — Forensic procedures on deceased people 82. Forensic procedures on deceased people 1 Division 4 — Forensic procedures on victims and witnesses 83. Request to adult to undergo forensic procedure 1 84. Request for protected person to undergo forensic procedure 1 85. Request and giving of information to be recorded 1 86. Forensic procedure, when it may be done 1 87. Consent may be withdrawn 1 88. Officer may apply for FP warrant (involved person) 1 89. FP warrant (involved person), application for 1 90. FP warrant (involved person), issue and effect of 1 Division 5 — Forensic procedures on suspects 91. Request to adult to undergo forensic procedure 1 92. Request for protected person to undergo forensic procedure 1 93. Request and giving of information to be recorded 1 94. Forensic procedure, when it may be done 1 95. Consent may be withdrawn 1 96. Application for approval or FP warrant (suspect) 1 97. Non‑intimate forensic procedure on adult, application for approval to do 1 98. Non‑intimate forensic procedure on adult, senior officer may approve 1 99. FP warrant (suspect), application for 1 100. FP warrant (suspect), issue and effect of 1 Division 6 — How forensic procedures must be done 101. General requirements 1 102. Gender of people doing forensic procedures 1 103. Who may do forensic procedure 1 104. Samples, things etc., how to be taken 1 Division 7 — Dealing with things found during a forensic procedure 105. Things found by chance during forensic procedure 1 106. Things found may be seized and examined 1 Division 8 — Admissibility of certain evidence 107. Evidence of refusal of consent etc. 1 108. Evidence of how procedure was done 1 Part 10 — Provisions about searches and forensic procedures on people 109. Term used: body search 1 110. Body searches and forensic procedures may be repeated 1 111. People not obliged to do searches etc. 1 112. Forensic information, use and destruction of 1 113. Disclosure of photographs obtained under Part 8 or 9 1 114. Legal protection for people carrying out searches etc. 1 Part 11 — Interviewing suspects 115. Terms used 1 116. Interviews, conduct of 1 117. Recorded interview to be made available to suspect 1 118. Admission in serious case inadmissible unless recorded 1 119. Recording admitted as evidence, jury may play 1 120. Recordings of interviews, possession etc. restricted 1 121. Recorded interview, broadcast prohibited 1 122. Recordings, court may give directions as to supply etc. 1 123. Recordings to be retained by police and CCC 1 124. Recordings may be played for teaching purposes 1 Part 12 — Arrest and related matters Division 1 — Preliminary 125. Terms used 1 126. Proceedings by summons etc. not prevented 1 Division 2 — Arrest without an arrest warrant 127. Arrest warrant not required to exercise this Division's powers 1 128. Arrest power for offences 1 Division 3 — Ancillary powers to making an arrest 129. Warrant not required to exercise this Division's powers 1 130. Occupier's rights if place entered 1 131. Powers exercisable on search under this Division 1 132. Places may be entered and vehicles may be stopped 1 133. Places and vehicles of certain arrested suspects may be searched for evidence 1 134. Escapees, additional powers to aid recapture 1 Division 4 — Searches of people in custody for security purposes 135. Certain people in custody may be searched 1 Division 5 — Dealing with arrested people 136. Young Offenders Act 1994 not affected 1 137. Arrested people, rights of 1 138. Arrested suspects, rights of 1 139. Arrested suspects, detention of 1 140. Detention period for arrested suspects 1 141. Reasonable period of detention, factors determining 1 142. Arrested suspects, charging and releasing 1 143. Other arrested people, dealing with 1 Division 6 — Miscellaneous 144. Possession of warrant at time of arrest not necessary 1 Part 13 — Seizing things and related matters 145. Application 1 146. Things relevant to offence, grounds for seizing 1 147. Seizing things, ancillary powers 1 148. Records relevant to offence 1 149. Records, powers to facilitate seizing 1 150. Seized things, list to be supplied on request 1 151. Privileged material, procedure on seizure of 1 152. Criminal and Found Property Disposal Act 2006 applies 1 Part 14 — Miscellaneous Division 1 — Offences 152A. Terms used 1 153. Order by officer, offence to not obey 1 153A. Harm to animals being used in execution of law enforcement duties 1 153B. Harm to law enforcement animals generally 1 153C. General provisions about reasonable excuse for offences under s. 153A or 153B 1 153D. Reasonable excuse includes self‑defence for offences under s. 153A or 153B 1 153E. Compensation order relating to offences under s. 153A or 153B 1 Division 2 — General 154. Evidence obtained improperly 1 155. Inadmissible evidence, court may allow admission 1 156. Regulations 1 157. Review of Act 1 Part 15 — Validation 158. Validation relating to definition of serious offence in s. 128(1) 1 Notes Compilation table 1 Editorial changes table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Criminal Investigation Act 2006 An Act to provide powers for the investigation and prevention of offences and for related matters. Part 1 — Preliminary 1. Short title This is the Criminal Investigation Act 2006. 2. Commencement (1) This Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. 3. Terms used (1) In this Act, unless the contrary intention appears — area associated with a dwelling means — (a) if the dwelling is one of 2 or more dwellings in one building, the parts of the building and any area around the building that the occupiers of the dwellings use exclusively but in common with each other; or (b) otherwise, the area around the dwelling that is used exclusively by the occupier, such as a driveway, garden or yard; arrest warrant means a warrant issued under another written law for the arrest of a person; basic search of a person, means a search that complies with section 63; disturb includes to damage, destroy, interfere with and remove; DPP means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1991; dwelling means a place or a part of a place that is ordinarily used for human habitation and it does not matter that it is from time to time uninhabited; forensic examination, in relation to a thing, has a meaning affected by section 21; forensic procedure has the meaning given to that term by section 73; frisk search a person, means to quickly and methodically run the hands over the outside of the person's clothing; impression includes a cast; mobile home means a vehicle — (a) that is ordinarily used for human habitation; and (b) that is permanently or semi‑permanently stationary in a single location; occupier of a place, includes any person who appears to have the control or management of the place; offence means any offence under a written law; officer means a police officer or a public officer or both, as the case requires; official details — (a) of a police officer — means the officer's surname and rank and, if the officer's official details are required to be stated on a document, the officer's registered number; (b) of a public officer — means the officer's full name and official title; photograph includes a digital image and a moving visual record; place means any land, building, structure, tent or mobile home or a part of any land, building, structure, tent or mobile home; prescribed means prescribed by regulations made under this Act; private parts of a person, means the person's genital area, anal area, buttocks and, in the case of — (a) a female; or (b) a male undergoing a reassignment procedure, as that term is defined in the Gender Reassignment Act 2000 section 3, breasts; protected forensic area means a protected forensic area established in accordance with section 46; public officer means a person, other than a police officer, appointed under a written law to an office that is prescribed under section 9(1); public open area means — (a) an area that is part of a road open to and used by the public; or (b) an area of land — (i) to which the public has access, whether on payment or not; and (ii) on which there is no building, structure, tent or mobile home, and it does not matter if the area is the whole or a part of a surveyed lot or of an unsurveyed piece of land, or, if the area is part of such a lot, there is a building, structure, tent or mobile home on some other part; Example for this definition: Under paragraph (b), an area of bush in a national park is a public open area but a building in the park is not. public place includes — (a) a place to which the public, or any section of the public, has or is permitted to have access, whether on payment or not; and (b) a place to which the public has access with the express or implied approval of, or without interference from, the occupier of the place; and (c) a school, university or other place of education, other than a part of it to which neither students nor the public usually has access; reasonably suspects has the meaning given by section 4; record means any record of information, irrespective of how the information is recorded or stored or able to be recovered and includes — (a) any thing from which images, sounds or writings can be reproduced, with or without the aid of anything else; and (b) any thing on which information is recorded or stored, whether electronically, magnetically, mechanically or by some other means; remote communication means any way of communicating at a distance including by telephone, fax, email and radio; search warrant means a search warrant issued under Part 5 Division 3; senior police officer means a police officer who is, or is acting as, an inspector or an officer of a rank more senior than an inspector; statutory penalty for an offence, means the penalty specified by a written law for the offence; strip search of a person, means a search that complies with section 64; thing relevant to an offence has the meaning given to that term by section 5; vehicle means — (a) any thing capable of transporting people or things by air, road, rail or water, irrespective of whether the thing is permanently or semi‑permanently stationary, other than a mobile home; or (b) a mobile home that is reasonably suspected not to be permanently or semi‑permanently stationary in a single location, and it does not matter how the thing or mobile home is moved or propelled; WA Police means the Police Force of Western Australia provided for by the Police Act 1892. (2) Examples in this Act are provided to assist understanding and do not form part of the Act. [Section 3 amended: No. 21 of 2008 s. 656(2); No. 42 of 2009 s. 15; No. 9 of 2022 s. 424.] [Section 3. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.] 4. Reasonably suspects, meaning of For the purposes of this Act, a person reasonably suspects something at a relevant time if he or she personally has grounds at the time for suspecting the thing and those grounds (even if they are subsequently found to be false or non‑existent), when judged objectively, are reasonable. 5. Thing relevant to offence, meaning of (1) For the purposes of this Act, a thing is a thing relevant to an offence if it is reasonably suspected that — (a) the thing has been, is being, or is intended to be used for the purpose of committing an offence; (b) the thing has been obtained by the commission of an offence; (c) an offence has been, is being, or may be committed in respect of the thing; (d) the thing is or may afford — (i) evidence relevant to proving the commission of an offence or who committed an offence; or (ii) evidence that tends to rebut an alibi. (2) For the purposes of this Act, a thing relevant to an offence may be material or non‑material, animate (other than human) or inanimate. Example for this section: The distance between 2 things or the visibility from a window are non material things. 5A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Pt. 2 applies The Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies to this Act. [Section 5A inserted: No. 34 of 2020 s. 56.] 6. Other written laws, this Act's relationship with (1) Unless the contrary intention appears in this Act or another written law — (a) this Act does not affect the operation of any other written law; and (b) the powers conferred by this Act on a person are in addition to and do not derogate from any powers conferred on the person by any other written law. (2) Without limiting subsection (1)(a), this Act does not affect the operation of — (a) The Criminal Code, particularly Chapter XXVI of it; or (b) the Coroners Act 1996 section 32. (3) If a provision in this Act is inconsistent with a provision in another Act, the provision in the other Act prevails. 7. Common law, this Act's relationship with (1) Subject to this section, a police officer has the powers, duties and responsibilities that a constable has under the common law. (2) If this Act confers a power, duty or responsibility on a police officer that the officer also has by reason of subsection (1), the power must be exercised and the duty or responsibility must be performed in accordance with this Act. (3) If there is an inconsistency between a provision of this Act and a power, duty or responsibility that a police officer has by reason of subsection (1), the provision of this Act prevails. 8A. Authority required for some investigations This Act is subject to the Criminal Appeals Act 2004 section 46C. [Section 8A inserted: No. 9 of 2012 s. 7.] 8. Officer's powers as individual not affected Unless this Act provides otherwise, it does not affect any power that an officer may lawfully exercise in common with any other citizen. 9. Public officers may be authorised to exercise powers (1) For the purposes of this Act and in particular the definition of public officer in section 3(1), another Act or the regulations made under this Act may prescribe — (a) an office to which people are appointed under a written law for a public purpose and the functions of which are or include investigating or prosecuting offences; and (b) in respect of that office, some or all of the powers in this Act that a holder of that office may exercise, being powers that this Act expressly provides may be exercised by a public officer. (2) A public officer may only exercise a power in this Act in relation to an offence if — (a) this Act provides that the power may be exercised by a public officer; and (b) the office held by the public officer has been prescribed under subsection (1)(a); and (c) the power is one that the officer may exercise because it is prescribed under subsection (1)(b); and (d) the offence is one that the officer, by virtue of being such an officer, is authorised to investigate or prosecute. (3) If a public officer, under subsection (2), exercises a power in this Act, any enactment that protects the officer or the State from liability for the officer's acts or omissions is to be taken to operate as if those acts and omissions included the officer's acts and omissions when exercising the power. 10. Informing people who do not understand English If under this Act an officer is required to inform a person about any matter and the person is for any reason unable to understand or communicate in spoken English sufficiently, the officer must, if it is practicable to do so in the circumstances, use an interpreter or other qualified person or other means to inform the person about the matter. 11. Officers' duty to identify themselves (1) If this Act requires an officer to identify himself or herself to a person the officer must — (a) if the officer is a police officer — (i) give the person the officer's official details; and (ii) if the officer is not in uniform, show the person evidence that the officer is a police officer; (b) if the officer is a public officer — (i) give the person the officer's official details; and (ii) show the person evidence that the officer is a public officer. (2) If an officer cannot comply with subsection (1)(a)(ii) or (b)(ii) immediately, the officer must comply with it as soon as practicable. 12. Delegation by officers (1) An officer may delegate the performance of a function of the officer under this Act, other than this power of delegation, to another officer. (2) If an officer delegates the performance of a duty imposed on the officer by this Act to another officer, he or she must ensure that the other officer performs the duty. 13. Warrants and orders, applying for (1) In this section — judicial officer means a JP or a magistrate, as the case requires. (2) A reference in this section to making an application includes a reference to giving information in support of the application. (3) This section applies to and in respect of an application to a judicial officer for a warrant or order if another section of this Act requires the application to be made under this section. (4) The application must be made in person before the judicial officer unless — (a) the warrant or order is needed urgently; and (b) the applicant reasonably suspects that a judicial officer is not available within a reasonable distance of the applicant, in which case — (c) it may be made to a judicial officer by remote communication; and (d) the judicial officer must not grant it unless satisfied about the matters in paragraphs (a) and (b). (5) The application must be made in writing unless — (a) the application is made by remote communication; and (b) it is not practicable to send the judicial officer written material, in which case — (c) it may be made orally; and (d) the judicial officer must make a written record of the application and any information given in support of it. (6) The application must be made on oath unless — (a) the application is made by remote communication; and (b) it is not practicable for the judicial officer to administer an oath to the applicant, in which case — (c) it may be made in an unsworn form; and (d) if the judicial officer issues a warrant or order, the applicant must as soon as practicable send the judicial officer an affidavit verifying the application and any information given in support of it. (7) If on an application made by remote communication a judicial officer issues a warrant or order, the judicial officer must, if practicable, send a copy of the original warrant or order to the applicant by remote communication, but otherwise — (a) the judicial officer must give the applicant by remote communication any information that must be set out in the warrant or order; and (b) the applicant must complete a form of a warrant or order with the information received and give the judicial officer a copy of the form as soon as practicable after doing so; and (c) the judicial officer must attach the copy of the form to the original warrant or order and any affidavit received from the applicant and make them available for collection by the applicant. (8) The copy of the original warrant or order sent, or the form of the warrant or order completed, as the case may be, under subsection (7) has the same force and effect as the original warrant or order. Part 2 — Ancillary provisions about exercising powers 14. When powers may be exercised The powers in this Act may be exercised at any time of the day or night, unless it is expressly provided otherwise. 15. Assistance to exercise powers (1) A person who may exercise a power in this Act may authorise as many other persons to assist in exercising the power as are reasonably necessary in the circumstances. (2) A person so authorised may exercise the power or assist the other to exercise the power, as the case requires. (3) Whether requested to do so or not, a person may assist another person to exercise a power in this Act if the person reasonably suspects that the other person — (a) is lawfully entitled to exercise the power; and (b) needs assistance for the purpose of doing so. (4) A person who under this section is authorised by another to exercise a power, or is assisting another to exercise a power, must obey any lawful and reasonable directions of the other person when exercising or assisting to exercise the power. (5) If a person, acting under this section, exercises a power in this Act having been authorised by another to do so, or assists another to exercise a power in this Act, any enactment that protects the person or the State from liability for the person's acts or omissions is to be taken to operate as if those acts or omissions included the person's acts or omissions when acting under this section. 16. Force, use of when exercising powers (1) When exercising a power in this Act, a person may use any force against any person or thing that it is reasonably necessary to use in the circumstances — (a) to exercise the power; and (b) to overcome any resistance to exercising the power that is offered, or that the person exercising the power reasonably suspects will be offered, by any person. (2) If under subsection (1) a person uses force, the force may be such as causes damage to the property of another person. (3) Any use of force under subsection (1) against a person is subject to The Criminal Code Chapter XXVI. 17. Animals, use of by officers exercising powers (1) An officer who is exercising a power in this Act, or using force under section 16, may use an animal to assist if — (a) the animal has been trained for the purposes for which it is used; and (b) use of the animal is reasonably necessary in the circumstances. (2) Subject to section 16(2) and (3), an officer who uses an animal to assist with exercising a power in this Act must take all reasonable measures to ensure the animal does not injure any person or damage any property. 18. Roadblocks, use of to stop vehicles (1) In this section — road has the meaning given to that term by the Road Traffic (Administration) Act 2008 section 4; vehicle has the meaning given to that term by the Road Traffic (Administration) Act 2008 section 4. (2) If a senior police officer reasonably suspects — (a) that it is necessary to exercise a power in another section of this Act to stop a vehicle; and (b) that the vehicle is on a road; and (c) that a roadblock is necessary to facilitate the exercise of that power, the officer — (d) may set up a roadblock on the road for the purpose of stopping the vehicle; or (e) may authorise another police officer to set up a roadblock on the road for the purpose of stopping any vehicle specified in the authorisation. (3) A senior police officer's authorisation under subsection (2)(e) — (a) may be applied for and given by remote communication; and (b) must specify the power referred to in subsection (2)(a) in relation to which the roadblock is necessary and why it is necessary to exercise it; and (c) must specify whether the authorisation relates to all vehicles or to a specified class of vehicles; and (d) has effect for 6 hours, or any lesser period specified by the officer, after it is given, but may be renewed. (4) A senior police officer who under subsection (2) gives an authorisation must make a written record of it, the date and time it was given, and the reasons for giving it. (5) If a police officer who is not a senior police officer reasonably suspects — (a) the matters in subsection (2)(a), (b) and (c); and (b) that the seriousness and urgency of the circumstances warrant doing so without a senior police officer's authorisation, the police officer may set up a roadblock on the road for no more than 3 hours for the purpose of stopping the vehicle. (6) A police officer who acts under subsection (5) must notify a senior police officer as soon as practicable after doing so and request the officer's authorisation for any further use of a roadblock. (7) Subject to the terms of any authorisation given under subsection (2), a police officer who under this section sets up a roadblock may stop vehicles at the roadblock. [Section 18 amended: No. 8 of 2012 s. 77.] 19. Stopping vehicles, powers in connection with (1) If under this Act an officer may stop a vehicle, whether or not at a roadblock set up under section 18, the officer may use any means that are reasonably necessary in the circumstances to do so, including means that hinder or obstruct the passage of other vehicles. (2) Subsection (1) does not authorise the use of means that are intended or are likely to cause death or grievous bodily harm to any person, whether or not in a vehicle. (3) An officer who under this Act stops a vehicle in order to exercise a power in this Act in respect of the vehicle — (a) may detain the vehicle for a reasonable period in order to exercise the power; and (b) may move the vehicle to a place suitable to exercise the power. 20. Power to enter includes power to enter some other places (1) This section applies if under this Act an officer may enter a place, with or without a search warrant. (2) If the place is one of 2 or more premises in one building, then, in order to enter the place, the officer may enter, but not search, any part of the building that the occupiers of the premises use exclusively but in common with each other. (3) If subsection (2) does not apply and the officer reasonably suspects that in order to enter the place it is necessary to enter another place, the officer may enter, but not search, the other place. (4) Section 31 applies to and in respect of the entry of the other place under subsection (3). 21. Forensic examination of thing relevant to offence (1) If under this Act a person may do a forensic examination on a thing relevant to an offence or a sample of such a thing, the person may do any or all of the following — (a) examine or operate it; (b) photograph, measure or otherwise make a record of it; (c) take an impression of it; (d) take samples of or from it; (e) do tests on it, or on any sample taken under paragraph (d), for forensic purposes. (2) If it is reasonably necessary to do so in order to exercise a power in subsection (1), the thing may be dismantled, damaged or destroyed. (3) A power in subsection (1) must not be exercised in relation to a thing that may contain information that is privileged, as that term is defined in section 151, until under that section — (a) a decision is made that the information is not privileged; or (b) orders have been made to enable the power to be exercised. 22. Gender of person, ascertaining If it is necessary to ascertain the gender of a person before exercising a power in this Act on the person and the gender of the person is uncertain to the officer authorised to exercise the power — (a) the officer must ask the person to indicate whether a male or a female should exercise the power on the person and must act in accordance with the answer; and (b) in the absence of an answer, the person must be treated as if of the gender that the person outwardly appears to the officer to be. 23. Consent to search or procedure, presumption against and withdrawal of (1) If a person who is requested under this Act to consent to — (a) a search of a place that he or she occupies; or (b) undergoing a basic search or a strip search; or (c) undergoing a forensic procedure, does not reply, or consents but resists the carrying out of the search or procedure, he or she is to be taken to have not consented. (2) A person who consents to a search or procedure referred to in subsection (1) may withdraw his or her consent at any time before the search or procedure is completed by informing an officer or person who is doing it. Part 3 — Citizens' powers 24. Prevention of offences and violence (1) Any person (the citizen) may use any force that is reasonably necessary in the circumstances to prevent — (a) the continuance of an act being done by a person in his or her presence — (i) that involves the use of violence against a person; or (ii) that the citizen reasonably suspects will cause a person to use violence against another person; or (iii) that the citizen reasonably suspects will cause a person to fear violence will be used by a person against another person; or (b) an act by a person that the citizen reasonably suspects is just about to be done in his or her presence that is likely — (i) to involve the use of violence against a person; or (ii) to cause a person to use violence against another person; or (iii) to cause a person to fear violence will be used by a person against another person; or (c) any other breach of the peace by a person; or (d) the commission of an offence; or (e) the doing of any act that the citizen reasonably suspects will be done in the course of committing an offence. (2) Subsection (1) does not authorise the entry of any place or vehicle. (3) If a person reasonably suspects that the unlawful killing of a person is occurring in a place or vehicle, the person, without a warrant, may enter it in order to prevent the unlawful killing. 25. Citizen's arrest (1) In this section — arrestable offence means an offence the statutory penalty for which is or includes imprisonment. (2) Any person may arrest another person (the suspect) if he or she reasonably suspects that the suspect has committed or is committing an arrestable offence. (3) Any person may arrest another person (the suspect) who is doing or about to do an act that the person is entitled to prevent under section 24(1)(a), (b) or (c). (4) A person is not entitled, by reason only of subsection (2) or (3), to enter a place or vehicle where the person suspects the suspect is. (5) A person who arrests a suspect under subsection (2) or (3) must as soon as practicable — (a) arrange for a police officer to attend; or (b) take the suspect and any thing relevant to the offence to a police officer. (6) For the purpose of complying with subsection (5), a person may detain the suspect until the police officer attends or until the suspect is taken to a police officer. (7) When a police officer attends or the suspect is taken to a police officer — (a) the officer may arrest the suspect if, under section 128 or an arrest warrant, the officer is authorised to arrest the suspect; but (b) if the officer does not arrest the suspect, the suspect ceases to be under arrest. 26. Person in command of vehicle, powers of (1) In this section — endangering offence on a vehicle, means an offence that, if committed on board the vehicle, may endanger the safety of any person on board the vehicle. (2) If the person in charge of a vehicle reasonably suspects that a person who is on or about to board the vehicle (the passenger) is carrying a thing that may be used to commit an endangering offence on the vehicle or to damage the vehicle, the person in charge — (a) may ask the passenger to consent to a frisk search by or on behalf of the person in charge; and (b) if the passenger refuses to consent, may — (i) if the passenger is on board, remove him or her from the vehicle or, if it is not safe to do so, restrain or confine him or her until it is safe to do so; or (ii) if the passenger is about to board, prevent him or her from boarding. (3) If on a request made under subsection (2)(a) a passenger consents to a frisk search — (a) the person doing the search may seize any thing the person reasonably suspects may be used to commit an endangering offence on the vehicle or to damage the vehicle; and (b) if any such thing is seized, it must be kept in safe custody and returned to the passenger when he or she leaves the vehicle or given to a police officer. (4) If it is reasonably necessary to do so in order — (a) to prevent danger to the safety of a vehicle or of any person on board it; or (b) to prevent an offence being committed on board a vehicle, the person in charge of the vehicle may remove a person who is on board from the vehicle or, if it is not safe to do so, restrain or confine him or her until it is safe to do so. (5) If the person in charge of a vehicle reasonably suspects that a person on board (the suspect) has committed or is committing an offence on board, he or she may — (a) arrest the suspect; and (b) detain the suspect until he or she can be taken to a police officer. (6) Without limiting section 15, the person in charge of a vehicle may authorise another person to exercise any of the powers that the person in charge has under this section. (7) If under subsection (5)(a) the suspect is arrested, section 25(5), (6) and (7) apply. Part 4 — Miscellaneous official powers and duties Division 1 — Move on orders [Heading inserted: No. 33 of 2024 s. 4.] 26A. Terms used In this Division — approved form means a form approved by the Commissioner of Police; move on order means an order referred to in section 27(2); relevant place or vehicle has the meaning given in section 27(1); specified means specified by a police officer. [Section 26A inserted: No. 33 of 2024 s. 5.] 27. Suspects and others may be ordered to move on (1) A police officer may give a move on order to a person if the officer reasonably suspects that the person, while in a public place or in a vehicle used for public transport (the relevant place or vehicle) — (a) is doing an act — (i) that involves the use of violence against a person; or (ii) that will cause a person to use violence against another person; or (iii) that will cause a person to fear violence will be used by a person against another person; or (b) is just about to do an act that is likely to — (i) involve the use of violence against a person; or (ii) cause a person to use violence against another person; or (iii) cause a person to fear violence will be used by a person against another person; or (c) is committing any other breach of the peace; or (d) is hindering, obstructing or preventing any lawful activity that is being, or is about to be, carried out by another person; or (e) intends to commit an offence; or (f) has just committed or is committing an offence. (2) A move on order may require the person to do 1 or more of the following — (a) to leave the relevant place or vehicle, or a specified part of the relevant place or vehicle; (b) to go beyond a specified reasonable distance from the public place, or a specified part of the place; (c) to stay away from the relevant place or vehicle, or a specified part of the relevant place or vehicle, for a specified reasonable period of not more than 24 hours; (d) to stay a specified reasonable distance from the public place, or a specified part of the place, for a specified reasonable period of not more than 24 hours. (2A) The move on order must be given to the person as soon as reasonably practicable after the police officer forms the reasonable suspicion referred to in subsection (1). (3) When giving the move on order to the person, the police officer must take into account the likely effect of the order on the person, including, but not limited to, the following — (a) the effect on the person's access to the places where the person ordinarily resides, shops and works; (b) the effect on the person's access to transport, health, education or other essential services; (c) the effect on the person's safety and wellbeing. (4) For the purpose of giving a move on order to a person whose personal details (as that term is defined in the Criminal Investigation (Identifying People) Act 2002 section 16) are unknown to the officer, a police officer may request the person to give the officer any or all of the person's personal details. (5) If a request is made under subsection (4), the Criminal Investigation (Identifying People) Act 2002 section 16 applies to and in relation to the request in the same way as it applies to a request made under subsection (2) of that section. (6) A move on order must be given to a person in an approved form. (7) A person is not in breach of the move on order if the person is taking reasonable steps to comply with the order. (8) This section does not prevent a police officer from charging a person with an offence without having exercised a power in this section. [Section 27 amended: No. 5 of 2008 s. 36; No. 33 of 2024 s. 6.] [Section 27. Modifications to be applied in order to give effect to Cross‑border Justice Act 2008: section deleted 1 Nov 2009; altered 13 Jul 2010. See endnote 1M.] 27A. Directions for purposes of giving move on orders (1) For the purpose of giving a move on order to a person, a police officer may direct the person — (a) to stay in the relevant place or vehicle for as long as is reasonably necessary for the police officer to give the order to the person; or (b) to accompany the police officer to a suitable location, including a police station, and to stay there for as long as is reasonably necessary for the police officer to give the order to the person. (2) For the purpose of determining a suitable location under subsection (1)(b), the police officer must take into account the likely effect that the direction will have on the person's safety and wellbeing. (3) A person must not, without reasonable excuse, refuse or fail to comply with a direction given to the person under subsection (1). Penalty for this subsection: a fine of $6 000. (4) A person who is given a direction under subsection (1) is taken to be in lawful custody for as long as is reasonably necessary for the police officer to give the move on order to the person. [Section 27A inserted: No. 33 of 2024 s. 7.] 27B. Method of giving move on orders (1) A police officer may give a move on order to a person — (a) by handing it to the person; or (b) if the person refuses to accept it — by leaving it near the person and orally drawing the person's attention to it; or (c) with the person's consent, by electronic means. (2) Subsection (1)(c) does not apply to a move on order given to a person who is under 18 years of age. (3) The regulations may make provision for or in relation to the following — (a) the way in which a person's consent may or must be given; (b) the circumstances in which a person's consent is taken not to be given; (c) the time at which a move on order is taken to be given; (d) the circumstances in which a move on order is taken not to be given. [Section 27B inserted: No. 33 of 2024 s. 7.] Division 2 — Miscellaneous [Heading inserted: No. 33 of 2024 s. 8.] 28. Persons accompanying officers to be informed of rights (1) An officer who requests a person who is not in lawful custody to accompany the officer or another officer for the purposes of assisting in the investigation of an offence must inform the person and be satisfied that the person understands — (a) that he or she is not under arrest; and (b) that he or she does not have to accompany the officer concerned; and (c) that if he or she accompanies the officer concerned, he or she is free to leave at any time unless he or she is then under arrest. (2) Subsection (1) does not apply to or in respect of a person to whom a requirement has been made by a police officer under — (a) the Road Traffic Act 1974 section 66, 66B, 66D or 66E; or (b) the Western Australian Marine Act 1982 section 75G. [Section 28 amended: No. 8 of 2012 s. 78; No. 27 of 2020 s. 43; No. 31 of 2023 s. 31(2).] Part 5 — Entering and searching places and vehicles Division 1 — General 29. Places with 2 or more occupiers, interpretation If under this Part any information must be given to, or consent may be obtained from, or any thing must be done in respect of, the occupier of a place, then in a case where a place has 2 or more occupiers, it is sufficient to give the information to, or obtain consent from, or do the thing in respect of, any one of the occupiers. 30. Entry and search with occupier's consent (1) This Part does not prevent an officer, with the informed consent of the occupier of a place, from exercising without a search warrant any of the powers that could be exercised under a search warrant in respect of the place. (2) For the purposes of this Part, an occupier gives informed consent to an officer if the occupier consents after being informed by the officer — (a) of the powers that the officer wants to exercise in respect of the place; and (b) of the reason why the officer wants to exercise those powers; and (c) that the occupier can refuse to consent to the officer doing so. 31. Occupier's rights (1) This section applies to and in respect of the entry of a place where the entry is to be made under section 20(3), this Part or Part 12 Division 3. (2) If the occupier of a place is present when it is proposed to enter the place, an officer must, before any officer enters the place — (a) identify himself or herself to the occupier; and (b) inform the occupier that it is intended to enter the place; and (c) if the place is to be entered under a search warrant, give the occupier a copy of the warrant; and (d) if the place is to be entered under some other statutory authority, inform the occupier of the reason, and the statutory authority, for the entry; and (e) give the occupier an opportunity to give informed consent to the place being entered, unless the officer reasonably suspects that to do so will endanger any person, including the officer, or jeopardise the purpose of the proposed entry or the effectiveness of any search of the place. (3) If subsection (2) is not complied with before a place is entered, then as soon as practicable after the place is entered an officer must — (a) identify himself or herself to the occupier; and (b) if the entry was under a search warrant, give the occupier a copy of the warrant; and (c) if the entry was under some other statutory authority, inform the occupier of the reason, and the statutory authority, for the entry. (4) If the occupier of a place is present in the place when it is being searched, an officer doing the search must not prevent the occupier, or a person nominated by the occupier, from observing the search, unless — (a) the officer reasonably suspects that the occupier or person might be endangered if he or she were to observe the search; or (b) the occupier or person obstructs the search; or (c) it is impracticable for the occupier or person to observe the search. (5) If a place that is entered by one or more officers is unoccupied, the officer in charge must leave the following in a prominent position in the place before leaving the place — (a) a notice stating — (i) the officer's official details; and (ii) that the place has been entered; and (b) if the entry was under a search warrant, a copy of the warrant completed in accordance with section 45(3); and (c) if the entry was under some other statutory authority, the reason, and the statutory authority, for the entry. (6) The copy of a search warrant given under subsection (2)(c) or (3)(b) or left under subsection (5)(b) must omit the name of the judicial officer who issued it. Division 2 — Powers without a search warrant 32A. Terms used In this Division — out‑of‑control gathering has the meaning given in The Criminal Code section 75A; person in authority means — (a) in relation to a place — an owner or occupier of, or person who has the control and management of, the place; or (b) in relation to a vehicle — an owner of, or person in charge of, the vehicle. [Section 32A inserted: No. 56 of 2012 s. 6.] 32. Warrant not required to exercise this Division's powers The powers in this Division may be exercised without a search warrant. 33. Public open area, search powers in (1) If an officer reasonably suspects — (a) that a thing relevant to an offence; or (b) that a person against whom an offence may have been, or may be being, committed, is in a public open area, then, subject to this section, the officer may exercise in the area any of the powers that could be exercised under a search warrant if it were issued in respect of the area for the purposes of searching it for the thing or person. (2) An officer exercising such a power must not damage or destroy any thing in the public open area, or dig up the ground, or seize any thing that is attached to the land, without the informed consent of the person who has the control or management of the area. (3) Subsection (2) does not prevent the seizing of any plant that it is unlawful to possess. (4) This section does not prevent an officer from applying for a search warrant for a place that is a public open area. 34. Public place, entry to keep order in A police officer may enter and remain in a public place where members of the public are present for the purpose of ensuring that peace and good order are maintained at the place. [Section 34. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section deleted 1 Nov 2009; altered 13 Jul 2010. See endnote 1M.] 35. Place or vehicle, entry of to prevent violence (1) A police officer who reasonably suspects that any of the following is occurring or is just about to occur in a place or vehicle may enter the place, or may stop and enter the vehicle, in order to prevent it — (a) an act by a person — (i) that involves or is likely to involve the use of violence against a person; or (ii) that is likely to cause a person to use violence against another person; or (iii) that is likely to cause a person to fear violence will be used by a person against another person; or (b) any other breach of the peace by a person; or (c) an act by a person that will or is likely to kill a person or cause serious injury to a person; or (d) an act by a person that will or is likely to cause serious and unlawful damage to property. (2) If a police officer who enters a place or vehicle under subsection (1) finds a thing relevant to an offence, whether or not the offence arises out of the circumstances that caused the officer to enter the place or vehicle, the officer — (a) may, subject to section 146, seize the thing; and (b) whether or not the officer seizes the thing, may do a forensic examination on it. [Section 35. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section deleted 1 Nov 2009; altered 13 Jul 2010. See endnote 1M.] 36. Place or vehicle, entry of to attend to dead or seriously ill or injured person If an officer reasonably suspects that there is in a place or vehicle a person who has died or who is so ill or injured as to be likely to die or suffer permanent injury to his or her health unless the officer enters the place or vehicle, the officer may enter the place, or stop and enter the vehicle, in order to ascertain the facts and if necessary attend to the person. [Section 36. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section deleted 1 Nov 2009; altered 13 Jul 2010. See endnote 1M.] 37. Place or vehicle, entry of to investigate serious event (1) In this section — serious event means a fire, an explosion, or the presence of any article, substance or gas, that is likely to endanger the safety of people or cause serious damage to property. (2) If a police officer reasonably suspects that there is or has been a serious event in a place, the officer may enter the place. (3) If a police officer reasonably suspects that there is or has been a serious event in a vehicle, the officer may stop and enter the vehicle. (4) A police officer may only exercise the powers in subsection (2) or (3) if and for so long as the officer reasonably suspects that it is necessary to do so as a matter of urgency in order — (a) to ensure there is no danger to people or property; or (b) to establish whether the serious event is connected to an offence and to decide, under section 39 or 40 (as the case requires), whether or not to establish a protected forensic area at the place. [Section 37. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section deleted 1 Nov 2009; altered 13 Jul 2010. See endnote 1M.] 38A. Authorisation to enter place or vehicle to prevent or disperse out‑of‑control gathering (1) In this section — senior officer means a police officer who is, or is acting as, a sergeant or an officer of a rank more senior than a sergeant. (2) If a senior officer reasonably suspects that — (a) there is an out‑of‑control gathering occurring in a place or vehicle; or (b) a gathering of persons occurring in a place or vehicle is likely to become an out‑of‑control gathering, the officer may authorise the exercise of powers under section 38B. (3) A senior officer's authorisation under subsection (2) — (a) may be applied for and given by remote communication; and (b) must specify the place or vehicle to which it applies; and (c) has effect for 24 hours, or for any lesser period specified by the officer, after it is given. (4) A senior officer who under subsection (2) gives an authorisation must make a written record of it, the date and time it was given, and the reasons for giving it. (5) Powers under section 38B may be exercised by the senior officer who gave the authorisation under subsection (2) or by any other police officer. [Section 38A inserted: No. 56 of 2012 s. 7.] 38B. Entry of place or vehicle to prevent or disperse out‑of‑control gathering (1) Under an authorisation given under section 38A(2) in relation to a gathering and a place or vehicle, as the case requires, a police officer may do one or more of the following — (a) enter the place, or stop and enter the vehicle, for any of the purposes mentioned in paragraphs (b) to (g); (b) locate, or attempt to locate, a person in authority; (c) order any person or group of persons in or in the vicinity of the place or vehicle to leave the place or vehicle immediately; (d) order any person or group of persons in or in the vicinity of the place or vehicle to cease any conduct of a kind described in The Criminal Code section 75A(1)(b)(i) to (xiv) or any other conduct that is unlawful; (e) order any person or group of persons to do anything that is reasonably necessary to enable or assist any other person to comply with an order under paragraph (c) or (d) or subsection (2); (f) take, or order any person or group of persons to take, any reasonable measures that the officer considers necessary — (i) if an out‑of‑control gathering is occurring — to prevent the out‑of‑control gathering from continuing, to restore peace and good order, to protect the safety of any person or to prevent damage to property; or (ii) if a gathering is occurring that is likely to become an out‑of‑control gathering — to prevent the gathering from becoming an out‑of‑control gathering; (g) ascertain or attempt to ascertain whether any offence has been committed under section 38C or another written law. (2) A police officer giving an order under subsection (1)(c) may in addition do either or both of the following — (a) order the person or group of persons to go beyond a reasonable distance from the place or vehicle, set by the officer; (b) order the person or group of persons to obey the order or orders for a reasonable period set by the officer, but the period must not be longer than 24 hours. (3) An order under subsection (1) or (2) is to be given orally and, if given to a group of persons, it is to be given in a manner that is likely to be audible to all persons in that group, or as many of them as practicable. (4) If an order under subsection (1) or (2) is given to a group of persons, it is not necessary to repeat the order to each person in the group. (5) However, the fact that the police officer is not required to repeat the order does not in itself give rise to any presumption that each person in the group has received the order. (6) A police officer may exempt a person or group of persons from the effect of an order given under subsection (1) or (2). (7) An exemption under subsection (6) is to be given orally. (8) A person is not failing to comply with an order under subsection (1) or (2) if the person is taking reasonable steps to comply with the order. (9) This section does not prevent a police officer from charging a person with an offence without having exercised a power in this section. (10) Without limiting section 6(1)(b), the powers conferred by this section on a police officer are in addition to and do not derogate from any powers conferred on the police officer by another provision of this Act. [Section 38B inserted: No. 56 of 2012 s. 7.] 38C. Offence not to comply with order relating to out‑of‑control gathering (1) In this section — assault has the meaning given in The Criminal Code section 222; behave in a disorderly manner has the meaning given in The Criminal Code section 74A(1); circumstances of aggravation means circumstances in which, during the commission of the offence, the offender — (a) behaves in a disorderly manner; or (b) destroys or damages the property of another person or threatens to do so; or (c) assaults or threatens to assault any person; or (d) throws any object or releases any material or thing — (i) in a manner that is likely to endanger the life, health or safety of any person; or (ii) in circumstances that are likely to cause fear or alarm to any person. (2) A person commits an offence if the person fails to comply with an order given under section 38B(1) or (2). Penalty: (a) if the offence is committed in circumstances of aggravation, a fine of $18 000 or imprisonment for 3 years; (b) in any other case, a fine of $12 000 or imprisonment for 12 months. [Section 38C inserted: No. 56 of 2012 s. 7.] 38. Vehicle, searches of to prevent offences, damage etc. If a police officer reasonably suspects that it is necessary to do so for one or more of these purposes — (a) to prevent a vehicle from being used — (i) in the commission of an offence; or (ii) to aid or facilitate the commission of an offence; or (iii) to provide the means for an offender to leave the place of the commission of an offence; or (iv) by an offender to avoid, or attempt to avoid, being arrested for an offence; (b) to prevent damage to a vehicle; (c) to protect the safety of people who may board or be on board or who may be near a vehicle; (d) to ensure peace and good order on a vehicle, the officer — (e) may stop, enter and search or inspect the vehicle; and (f) may take any reasonably necessary action. [Section 38. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section deleted 1 Nov 2009; altered 13 Jul 2010. See endnote 1M.] 39. Vehicle, search of for things relevant to offence (1) If an officer reasonably suspects — (a) that a vehicle is carrying a thing relevant to an offence; or (b) that a vehicle is a thing relevant to an offence; or (c) that a vehicle is carrying a person against whom an offence may have been, or may be being, committed; or (d) that an offence has been, is being, or is about to be, committed in a vehicle, the officer — (e) may stop, enter and search the vehicle; and (f) may, under section 46, establish a protected forensic area around or in the vehicle; and (g) may, subject to section 146, seize any thing relevant to the offence; and (h) may take any action that is reasonably necessary to stop any offence that is being, or prevent any offence that may be, committed against a person in the vehicle. (2) If an officer doing a search under this section finds a thing relevant to an offence other than the offence giving rise to the search, the officer may, subject to section 146, seize it. (3) If an officer doing a search under this section finds a thing that may be seized under this section, then whether or not the officer seizes it, the officer may do a forensic examination on it. (4) The powers in subsection (1) may be exercised by an officer in the area associated with a dwelling but only if the officer reasonably suspects that — (a) the person in charge of the vehicle does not reside in the dwelling; and (b) the vehicle is not in that area with the express or implied permission of a person who does reside in the dwelling. 40. Place, entry of to establish protected forensic area for serious offence (1) In this section — serious offence means an offence the statutory penalty for which is or includes imprisonment for 5 years or more or life. (2) If a police officer reasonably suspects — (a) that a serious offence has been or is being committed in a place; or (b) that there is in a place a thing relevant to a serious offence, the officer may enter the place and, under section 46, establish a protected forensic area there. (3) A police officer may only exercise the power in subsection (2) in a public open area if the officer reasonably suspects that it is necessary to do so — (a) to prevent a thing relevant to the serious offence that is or may be in the area from being concealed or disturbed until the area has been properly inspected or examined; or (b) to protect the safety of any person who is in or may enter the area. (4) A police officer may only exercise the power in subsection (2) in a place that is not a public open area if the officer reasonably suspects that in the time it would take to get a search warrant — (a) a thing relevant to the serious offence that is or may be in the place is likely to be concealed or disturbed; or (b) the safety of a person who is in or may enter the place is likely to be endangered. Division 3 — Powers with a search warrant 41. Search warrant, application for (1) Only a police officer or a public officer may apply for a search warrant. (2) An application for a search warrant must be made to a JP in accordance with section 13. (3) An application for a search warrant must — (a) state the applicant's full name and official details; and (b) state the offence that is suspected to have been committed, or that is suspected may be committed, and in relation to which a search warrant is wanted; and (c) state the grounds on which the applicant suspects that the offence has been or may be committed; and (d) describe the place that it is desired to enter and search; and (e) if it is desired to search the place for a thing relevant to the offence — describe the thing or the class of thing; and (f) if it is desired to search the place for a person — name or describe the person; and (g) state the grounds on which the applicant suspects one or more of the following — (i) that the thing or class of thing is a thing relevant to the offence and that it is in the place; (ii) that a person against whom an offence may have been, or may be being, committed is in the place; and (h) state, to the best of the applicant's knowledge, whether an application for a search warrant for the same place has been made to any other JP within the previous 72 hours and if so whether a warrant was issued or not; and (i) include any other information that is prescribed. 42. Search warrant, issue of (1) On an application made under section 41, a JP may issue a search warrant for a place if satisfied that, in respect of each of the matters in section 41(3) that the applicant suspects, there are reasonable grounds for the applicant to have that suspicion. (2) A search warrant must contain this information — (a) the applicant's full name and official details; and (b) the suspected offence to wh