Section 46Part 4 — Powers, Duties and Privileges of Police Officers
Special provisions as to access to excluded material
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46. (1) A police officer may obtain access to excluded material for the purposes of a criminal investigation by making an application under Schedule 3 and in accordance with that Schedule.
Any Law enacted before this Act under which a search of premises for the purposes of a criminal investigation could be authorised by the issue of a warrant to a police officer shall cease to have effect so far as it relates to the authorisation of searches for —
items subject to legal privilege; or
excluded material.
Where the items are claimed to be subject to legal privilege or excluded material the police officer shall be able to obtain access to those documents in a sealed condition.
An aggrieved party may apply to the court for an order to have any item obtained pursuant to subsection (3) returned.