(1AA) A search warrant directed to a named police S. 81(1AA) officer under subsection (1) may be executed by inserted by No. 25/2009 any police officer. s. 6(2), amended by No. 37/2014 s. 10(Sch. item 47.38(a)). (1AB) For the purposes of subsection (1), a seized thing S. 81(1AB) inserted by may be brought before the Court by giving No. 48/2012 evidence on oath to the Court as to the present s. 41. whereabouts of the thing and by producing a photograph of it. (1A) A magistrate who issues a warrant under S. 81(1A) inserted by subsection (1), if satisfied on reasonable grounds No. 63/2003 by the evidence given under that subsection that s. 46(1), amended by the thing or document to which the warrant relates Nos 25/2009 is also tainted property within the meaning of the s. 6(3), 37/2014 Confiscation Act 1997, may, in that warrant, s. 10(Sch. direct that the police officer executing the warrant item 47.38(a)). hold or retain that thing or document as if it were tainted property seized under a warrant under section 79 of that Act as and from the date when that thing or document is no longer required for evidentiary purposes under this Act. (1B) A direction under subsection (1A)— S. 81(1B) inserted by No. 63/2003 s. 46(1). (a) may only be made in relation to an offence S. 81(1B)(a) amended by under this Act which is a Schedule 1 offence No. 87/2004 within the meaning of the Confiscation s. 25. Act 1997; and (b) does not apply to a thing which may be destroyed or disposed of under subsection (3)(e).
S. 81(1AA) inserted by No. 25/2009 s. 6(2), amended by No. 37/2014 s. 10(Sch. item 47.38(a)). (1AA) A search warrant directed to a named police officer under subsection (1) may be executed by any police officer. S. 81(1AB) inserted by No. 48/2012 s. 41. (1AB) For the purposes of subsection (1), a seized thing may be brought before the Court by giving evidence on oath to the Court as to the present whereabouts of the thing and by producing a photograph of it. S. 81(1A) inserted by No. 63/2003 s. 46(1), amended by Nos 25/2009 s. 6(3), 37/2014 s. 10(Sch. item 47.38(a)). (1A) A magistrate who issues a warrant under subsection (1), if satisfied on reasonable grounds by the evidence given under that subsection that the thing or document to which the warrant relates is also tainted property within the meaning of the Confiscation Act 1997, may, in that warrant, direct that the police officer executing the warrant hold or retain that thing or document as if it were tainted property seized under a warrant under section 79 of that Act as and from the date when that thing or document is no longer required for evidentiary purposes under this Act. S. 81(1B) inserted by No. 63/2003 s. 46(1). (1B) A direction under subsection (1A)— S. 81(1B)(a) amended by No. 87/2004 s. 25. (a) may only be made in relation to an offence under this Act which is a Schedule 1 offence within the meaning of the Confiscation Act 1997; and (b) does not apply to a thing which may be destroyed or disposed of under subsection (3)(e).
81-9719a118.docx