Section 39: Powers of Magistrate
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
39. Powers of Magistrate
(1) Any Magistrate may give the authority described in section 37 where
the premises to be searched—
(a) are, or within the preceding 12 months have been, in the occupation of any person who has been convicted of having been in
possession of stolen property, or of receiving stolen property, or
of harbouring thieves;
(b) are in the occupation of any person who has been convicted of
any offence involving fraud or dishonesty, and punishable by penal
servitude or imprisonment.
(2) It shall not be necessary for the Magistrate, on giving such authority,
to specify any particular property, but he may give such authority where he
has reason to believe generally that such premises are being made a receptacle for stolen goods.
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Questions this section answers
- Can a Magistrate authorise a search of my premises without naming the specific stolen property, if I've been convicted before of handling stolen goods?