HANSARD
SITTING CALENDAR
SEARCH
LIVE BROADCAST
Hansard Dynamic Member Index
House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-02-04 Daily Xml
Contents
Pdf Xml

SEARCH WARRANTS

366 The Hon. G.M. GUNN (Stuart) (17 November 2008). When commissioned officers issue warrants to search private residences and it is found no offence has been committed, who audits the process to ensure that the issuing of the warrant was based on sound reasons?

The Hon. M.J. WRIGHT (Lee—Minister for Police, Minister for Emergency Services, Minister for Recreation, Sport and Racing): Warrants to search premises are issued pursuant to Section 67 of the Summary Offences Act 1953 as General Search Warrants and Section 52 of the Controlled Substances Act 1984 as Drug Warrants.

General Search Warrants are issued to selected Officers of Police; officers in charge of stations and designated Detectives, as a result of the duties that they perform and their genuine need to possess a warrant. They are issued six-monthly which ensures that a regular review is undertaken relating to the eligibility of members to possess the warrant.

An on-line training course must be completed prior to the warrant being issued for new warrant holders and completed every two years for existing warrant holders. The course reinforces the legal and procedural requirements for the use of warrants.

Managers are required to personally deliver a General Search Warrant to a member who is receiving it for the first time and ensure that the member is aware of the provisions of the Act, recent case law and instructions in General Orders. Managers are required to monitor the use of warrants and ensure that members understand the issues regarding their use and are to report any misuse to the Commissioner.

When a General Search Warrant is used a 'Statistical Return' must be submitted to Business Information Service through the chain of command. This outlines grounds for execution of the warrant/results and provides for quality assurance. The warrant is subject to judicial scrutiny when a matter proceeds to trial.

General Search Warrants are subject to monthly audits that include compliance with procedures outlined in General Orders; checking that appropriate members possess current warrants and have it in their possession and checking submission of the 'Statistical Return'.

Drug Warrants can be issued to any member of the police force by an Officer of Police and must not be issued unless satisfied, on information given upon oath, that there are reasonable grounds for suspecting that an offence against the Controlled Substances Act has been, is being or is about to be committed and that a warrant is reasonably required in the circumstances.

Drug Warrants are subject to six monthly audits to spot check applications made; veracity of suspicions listed to determine reasonable cause to suspect requirements for warrant issue; the return of non-executed/no offence warrants to the authorising officer and that warrants are attached to the court file.

Ethical and Professional Standards Branch and the Police Complaints Authority investigate and review complaints made concerning abuse of authority—including the use of warrants to search premises.

PARLIAMENTARY BUSINESS
MEMBERS
GET INVOLVED
ABOUT PARLIAMENT
VISIT
LEGISLATIVE COUNCIL
HOUSE OF ASSEMBLY
CONTACT