(5) On application in that behalf by a person made to S. 81(5) the Magistrates' Court at the venue at which a amended by No. 57/1989 report has been lodged pursuant to subsection (4), s. 3(Sch. item the Court may make an order authorizing the 59.10(a)(b)). person to inspect the report if the person satisfies the Court that he is— (a) a person who was arrested in the course of the execution of the warrant; (b) the owner or occupier of premises upon which the warrant was executed; or S. 81(5)(ba) (ba) the owner of the vehicle located in a public inserted by place on which the warrant was executed; or No. 25/2009 s. 6(6). (c) the owner of the property seized and carried S. 81(5)(c) amended by away in the execution of the warrant; or No. 48/1997 s. 44(4). S. 81(5)(d) (d) the owner of property destroyed or disposed inserted by of in execution of the warrant. No. 48/1997 s. 44(4). (6) If a sample of a thing referred to in S. 81(6) inserted by subsection (3)(e) taken in execution of a warrant No. 48/1997 is sufficient to enable an analysis or examination s. 44(5). to be made both in the investigation of an offence and on behalf of a person arrested in the course of the execution of the warrant, a part of the sample taken sufficient for analysis or examination must, on request by the person arrested, be delivered to an analyst or botanist within the meaning of section 120 nominated by that person. (7) Nothing in this section affects the power of a S. 81(7) inserted by police officer under section 82. No. 25/2009 s. 6(7), amended by No. 37/2014 s. 10(Sch. item 47.38(c)).
S. 81(5) amended by No. 57/1989 s. 3(Sch. item 59.10(a)(b)). (5) On application in that behalf by a person made to the Magistrates' Court at the venue at which a report has been lodged pursuant to subsection (4), the Court may make an order authorizing the person to inspect the report if the person satisfies the Court that he is— (a) a person who was arrested in the course of the execution of the warrant; (b) the owner or occupier of premises upon which the warrant was executed; or S. 81(5)(ba) inserted by No. 25/2009 s. 6(6). (ba) the owner of the vehicle located in a public place on which the warrant was executed; or S. 81(5)(c) amended by No. 48/1997 s. 44(4). (c) the owner of the property seized and carried away in the execution of the warrant; or S. 81(5)(d) inserted by No. 48/1997 s. 44(4). (d) the owner of property destroyed or disposed of in execution of the warrant. S. 81(6) inserted by No. 48/1997 s. 44(5). (6) If a sample of a thing referred to in subsection (3)(e) taken in execution of a warrant is sufficient to enable an analysis or examination to be made both in the investigation of an offence and on behalf of a person arrested in the course of the execution of the warrant, a part of the sample taken sufficient for analysis or examination must, on request by the person arrested, be delivered to an analyst or botanist within the meaning of section 120 nominated by that person. S. 81(7) inserted by No. 25/2009 s. 6(7), amended by No. 37/2014 s. 10(Sch. item 47.38(c)). (7) Nothing in this section affects the power of a police officer under section 82.
81-9719a120.docx