Section 10A: Entry, inspection and search
This section is inserted by Act No 17 of 2023, section 9.
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
10A. Entry, inspection and search
(1) Where a Magistrate is satisfied by information on
oath that there is reasonable ground for suspecting that an offence
has been or may be committed under this Act and that there is
reasonable ground to believe that evidence relating to that offence
may be found at the premises specified in the information, he may
grant a warrant authorising an investigating officer, at any time,
within one month from the date of the warrant, to enter, with
assistances and if need be, by force, the premises specified in the
warrant and carry out any of the actions specified in subsection (2).
(2) For the purpose of subsection (1), an investigating
officer may, upon entering the premises specified in the warrant –
(a) inspect and search the premises;
(b) search any person found on the premises the
investigating officer reasonably believes to be
in possession of any object or document likely
to be relevant to an investigation into the
commission of an offence under this Act;
(c) detain any person found on the premises until
such time as the search of the premises is
completed;
(d) require the owner of the premises or his agent,
or the occupier of the premises to produce any
record, document or licence;
(e) make any plan, take any photograph or make any
audio or video recording;
(f) secure any object, document or other property
found on the premises that the investigating
officer reasonably believes to be evidence of, or
relevant to, an offence under this Act;
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(g) require the owner of the premises or his agent,
the occupier of the premises, any person
employed by the owner, agent or occupier, or
any other person on the premises, to give to the
investigating officer all reasonable assistance
and to answer all reasonable questions either
orally or in writing.
(3) Where, upon entry into any premises specified in
a warrant under subsection (1), it is found that such premises are
equipped with such unusual or unusually numerous contrivances
or means as are calculated to prevent or obstruct an entry or to
enable persons therein to observe or ascertain the approach of any
person, or to give alarm or facilitate escape from such premises,
or if all doors, windows and means of entry are so bolted or
obstructed that, even with the use of force, access to the premises
is abnormally delayed, it shall be presumed, unless the contrary is
proved, that the premises are used for the commission of an offence
under this Act and that the owner or occupier, if any, of the premises
has facilitated such use of the premises.
(4) Where, upon entry into any premises specified in a
warrant under subsection (1) –
(a) victims of trafficking or articles in connection
with trafficking are found therein;
(b) any person is seen to escape from the premises
on the approach or entry of a police officer; or
(c) any person having authority under the search
warrant to enter such premises is unlawfully
prevented from or obstructed or delayed in
entering or approaching the premises,
it shall be presumed, unless the contrary is proved, that the premises
are used for the purpose of trafficking in persons.
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