Criminal Code (General) Regulations 2005 (WA)

Western Australia

Criminal Code Act Compilation Act 1913

Criminal Code (General) Regulations 2005

These regulations were repealed by the Criminal Code Repeal Regulations 2007 r. 3(2) as at 1 Jul 2007 (see r. 2 and Gazette 22 Jun 2007 p. 2847 and p. 2838).

Western Australia

Criminal Code (General) Regulations 2005 Contents1. Citation 12 — Commencement3. Interpretation 14. Forms, completing 15. Search warrant, application for 26. Search warrant, form of 27. Forms may be used for other search warrants 2Schedule 1 — Forms1. Application for search warrant (r. 5) 32. Search warrant (r. 6) 4NotesCompilation table 5

Western Australia

Criminal Code Act Compilation Act 1913

Criminal Code Act Compilation Act 1913

Criminal Code (General) Regulations 2005

1.Citation

These regulations are the Criminal Code (General) Regulations 2005.

2.Commencement

These regulations come into operation on 2 May 2005.

3.Interpretation

In these regulations, unless the contrary intention appears —

“Form”, if followed by a number, means the form of that number in Schedule 1.

4.Forms, completing

If an item in a form in Schedule 1 does not have enough space to complete it, the person completing it must —

• (a)

  insert in the item “See attachment [number]”; and

• (b)

  attach to the form a separate document titled “Attachment [number] — [name of the item]”.

Example: A single attachment to Form 1 for the item “Thing(s) to be searched for” will be titled “Attachment 1 — Thing(s) to be searched for”.

5.Search warrant, application for

• (1)

  An application under The Criminal Code section 711 for a warrant must be made in the form of Form 1 which may be adapted as necessary for the purposes of that section.

• (2)

  An application under The Criminal Code section 716 for a warrant must be made in the form of Form 1 as adapted for the purposes of that section.

6.Search warrant, form of

• (1)

  A search warrant issued under The Criminal Code section 711 must be in the form of Form 2 which may be adapted as necessary for the purposes of that section.

• (2)

  A search warrant issued under The Criminal Code section 716 must be in the form of Form 2 as adapted for the purposes of that section.

7.Forms may be used for other search warrants

If an Act permits an application for and the issue of a search warrant and the Act or subsidiary legislation made under it does not prescribe the form of the application or the warrant, the forms in Schedule 1, with any necessary changes, may be used for the purposes of the Act.

Schedule 1 — Forms

[r. 3]

1. Application for search warrant (r. 5)

The Criminal Code s. 711

Application for search warrant

Applicant

Full name

Rank

Registered No.

Police station

Application

I apply for a warrant —

to search the house, vessel, vehicle, aircraft, or place, described below for the thing(s) described below; and

to seize the thing(s) if found.

House etc. to be searched1

Thing(s) to be searched for2

Grounds for the application3

Execution at night

Is it desired to execute the warrant at night?   Yes/No

If yes, state why:

Oath of applicant4

I swear that the contents of this application are true and correct.

…………………………………..

Applicant

Date

JP’s signature

The applicant made this application on oath before me on the above date at5

…………………………………..

Justice of the Peace

Notes to Form 1 —

1.     Give the address or geographical location of the house or place to be searched. If a vessel, vehicle or aircraft is to be searched, describe it and give the address or geographical location of it.

2.     Give a reasonably specific description of the thing(s) to be searched for.

3.     State the grounds having regard to The Criminal Code section 711.

4.     Insert the words of an affirmation if required.

5.     Insert the place where the application is made.

2. Search warrant (r. 6)

The Criminal Code s. 711

Search warrant

To

1

and every other police officer.

Application

Under The Criminal Code section 711, an application has been made to me, supported by evidence on oath, for a warrant.

Warrant

I direct you —

to search the house, vessel, vehicle, aircraft, or place, described below for the thing(s) described below; and

to seize any such thing if found and to take it before a Justice of the Peace to be dealt with according to law.

House etc. to be searched2

Thing(s) to be searched for3

Execution at night

This warrant 4cannot/can be executed by night.

Date

Time

JP’s signature

Issued by me on the above date and at the above time at5

…………………………………..

Justice of the Peace

Notes to Form 2 —

1.     State name of police officer to whom the warrant is directed.

2.     State the address or geographical location of the house or place to be searched. If a vessel, vehicle or aircraft is to be searched, describe it and give the address or geographical location of it.

3.     State a reasonably specific description of the thing(s) to be searched for.

4.     Delete one.

5.     Insert the place where the warrant is issued.

Notes

1          This is a compilation of the Criminal Code (General) Regulations 2005.   The following table contains information about that regulation.

Compilation table

Citation	Gazettal	Commencement
Criminal Code (General) Regulations 2005	28 Apr 2005 p. 1435-40	2 May 2005 (see r. 2)
These regulations were repealed by the Criminal Code Repeal Regulations 2007 r. 3(2) as at 1 Jul 2007 (see r. 2 and Gazette 22 Jun 2007 p. 2847 and p. 2838)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

Form.................................................................................................................................... 3