Section 45Part 4 — Powers, Duties and Privileges of Police Officers
Power of Justice of the Peace to authorise entry and search of premises
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45. (1) Notwithstanding section 26 of the Criminal Procedure Code (2021 Revision), if on an application made by a police officer a Justice of the Peace is satisfied that there are reasonable grounds for believing —
that an arrestable offence has been committed;
that there is material on premises specified in the application which is likely to be of substantial value, whether by itself or together with other material, to the investigation of the offence;
that the material is likely to be relevant evidence;
that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and
that any of the conditions specified in subsection (3) applies, that person may issue a warrant authorising a police officer to enter and search the premises.
A police officer may seize and retain anything for which a search has been authorised under subsection (1).
The conditions mentioned in subsection (1)(e) are —
that it is not practicable to communicate with any person entitled to grant entry to the premises;
that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;
that entry to the premises will not be granted unless a warrant is produced; or
that the purpose of a search may be frustrated or seriously prejudiced unless a police officer arriving at the premises can secure immediate entry to them.
The power to issue a warrant conferred by this section is in addition to any such power otherwise conferred. Police Act (2021 Revision) Section 46 c Revised as at 31st December, 2020 Page 43