s. 91 (b) in the case of a search warrant, a power S. 90(b) exercisable by him or her under amended by No. 63/2003 section 83(3)(b) or (4)— s. 24(5)(b). must be given to, or may be exercised by, as the case requires, any other magistrate or judge. S. 91 91 Defects in warrants amended by No. 63/2003 A search warrant or a seizure warrant is not s. 24(6). invalidated by any defect, other than a defect which affects the substance of the warrant in a material particular. 92 Seizure of property under search warrant S. 92(1) (1) A police officer executing a search warrant may amended by seize property of the kind described in the No. 37/2014 warrant. s. 10(Sch. item 25.12(a)). (2) A police officer executing a search warrant may S. 92(2) amended by also seize property which is not of the kind No. 37/2014 described in the warrant if— s. 10(Sch. item 25.12(b)(i)). (a) the police officer believes on reasonable S. 92(2)(a) amended by grounds that the property— No. 37/2014 s. 10(Sch. (i) is of a kind which could have been item 25.12(b)(i)). included in a search warrant issued under this Part; or (ii) will afford evidence about the S. 92(2)(a)(ii) amended by commission of another Schedule 1 No. 87/2004 offence; and s. 22(2)(e). (b) the police officer believes on reasonable S. 92(2)(b) amended by grounds that it is necessary to seize that Nos 87/2004 property in order to prevent its concealment, s. 22(2)(e), 37/2014 loss or destruction or its use in committing or s. 10(Sch. item continuing a Schedule 1 offence. 25.12(b)(ii)).
S. 90(b) amended by No. 63/2003 s. 24(5)(b). (b) in the case of a search warrant, a power exercisable by him or her under section 83(3)(b) or (4)— must be given to, or may be exercised by, as the case requires, any other magistrate or judge. S. 91 amended by No. 63/2003 s. 24(6). 91 Defects in warrants s. 91 A search warrant or a seizure warrant is not invalidated by any defect, other than a defect which affects the substance of the warrant in a material particular. 92 Seizure of property under search warrant S. 92(1) amended by No. 37/2014 s. 10(Sch. item 25.12(a)). (1) A police officer executing a search warrant may seize property of the kind described in the warrant. S. 92(2) amended by No. 37/2014 s. 10(Sch. item 25.12(b)(i)). (2) A police officer executing a search warrant may also seize property which is not of the kind described in the warrant if— S. 92(2)(a) amended by No. 37/2014 s. 10(Sch. item 25.12(b)(i)). (a) the police officer believes on reasonable grounds that the property— (i) is of a kind which could have been included in a search warrant issued under this Part; or S. 92(2)(a)(ii) amended by No. 87/2004 s. 22(2)(e). (ii) will afford evidence about the commission of another Schedule 1 offence; and S. 92(2)(b) amended by Nos 87/2004 s. 22(2)(e), 37/2014 s. 10(Sch. item 25.12(b)(ii)). (b) the police officer believes on reasonable grounds that it is necessary to seize that property in order to prevent its concealment, loss or destruction or its use in committing or continuing a Schedule 1 offence.
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