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Section 10A: Entry, inspection and search

Combating Of Trafficking In Persons Act

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; 686 Acts 2023 (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. Acts 2023 687

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