Part 1
Request by a Tribunal for assistance

4 Tribunal may request assistance

(3) without limiting the generality of subsection (1), a Tribunal may make a request for assistance of any 1 or more of the following types :

(a) arresting and surrendering to the Tribunal a person in relation to whom the Tribunal has issued an arrest warrant :
(b) executing a request for search and seizure:
(c) obtaining evidence or a document or other article:
(d) providing a document or other record:
(e) locating and identifying a witness or suspect:
(f) arranging for a person to give evidence or assist an in-vestigation:
(g) causing the forfeiture of tainted property:
(h) serving documents:
(i) arranging for the Tribunal to sit in New Zealand.

Part 2
Arrest and surrender of person to a Tribunal

Arrest of persons

6 Notice by Attorney-General
(1) Where—

(a) the Attorney-General receives from a Tribunal a request for the surrender of a person ; and
(b) the request is accompanied by an arrest warrant in relation to the person that was issued by the Tribunal, or by a copy of that warrant authenticated by the Tribunal,—

the Attorney-General shall, by notice in writing, directed to any Judge, state that the request has been received.

(2) Where any notice is sent to a Judge under subsection (1), a copy of—

(a) the arrest warrant referred to in subsection (1)(b) ; and
(b) the request made under section 4—

shall also be sent to the Judge.

7 Issue of warrants
(1) The Judge to whom a notice is sent under section 6 shall, without undue delay, issue a warrant in the prescribed form for the arrest of the person named in the notice if the Judge is of the opinion, having regard to the documents forwarded under section 6 and to any other evidence that is available to the Judge, that the person named in the warrant is or may be in or travelling to New Zealand.

(2) When the Judge has considered whether or not to issue a warrant in accordance with this section, the Judge shall send to the Attorney-General written notice of his or her decision.

8 Cancellation of warrant
(1) Where the Attorney-General is satisfied that there are special circumstances that make it unjust or otherwise inappropriate for a warrant issued under section 7 to continue in force, the Attorney-General shall, by notice in writing, order the cancel-lation of the warrant.

(2) Where the Attorney-General orders the cancellation of a war¬rant under subsection (1) the warrant shall cease to have effect and any person arrested under the warrant shall be released, unless the person is otherwise liable to be detained in custody.

9 Remand
(1) A person who is arrested under a warrant issued under section 7 shall, unless the warrant ceases to have effect under section 8, be brought before a Judge as soon as is practicable.

(2) Subject to subsection (3), the Judge shall remand the person in custody or on bail for such period or periods as may be necessary to enable the Attorney-General to make a surrender determination under section 12.

Where any person is remanded in custody or on bail under this section, the provisions of sections 167 to 169 of the Criminal Procedure Act 2011 and sections 28, 30 to 32, 34 and 35, and 37 to 39 of the Bail Act 2000 shall apply as if the person had been arrested for an offence punishable by imprisonment and with any other necessary modifications.

10 Release from remand at direction of Attorney-General
(1) Where a person has been remanded under section 9 and the Attorney-General is satisfied that there are special circumstances

(1) that make it unjust or otherwise inappropriate for the remand to continue, the Attorney-General shall, by notice in writing, order the release from custody of the person or the discharge of the conditions on which bail was granted to the person, as the case may be.

(2) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded in custody, a copy of the notice shall be sent to the prison manager of the prison in which the person is detained, and upon receipt of the notice the person in custody shall be released unless the person is otherwise liable to be detained in custody.

(3) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded on bail, a copy of the notice shall be sent to the Registrar of the court at which the person was released on bail.

11 Application for search warrant
Where—

(a) a person is arrested under a warrant issued under section 7 ; and
(b) a constable who is of or above the level of position of in-spector has reasonable
grounds for believing that there is in or on any place or thing any thing that is relevant to the Tribunal offence in respect of which the warrant was issued,—

the constable may apply to an issuing officer for the issue of a search warrant in accordance with section 48.


Surrender of persons

12 Surrender determination by Attorney-General
(1) Subject to subsection (2), the Attorney-General shall determine whether a person remanded under sections 6 to 11 is to be surrendered to the Tribunal.

(2) Unless the Attorney-General is satisfied that there are special circumstances that would make it unjust or otherwise inappropriate to surrender the person, the Attorney-General shall determine that the person is to be surrendered to the Tribunal.

(3) The determination shall be made as soon as is reasonably practicable, having regard to the circumstances, after the person is first remanded under section 9.

(4) Notwithstanding subsection (3), every determination required to be made under this section shall be made within 6 months of the date on which the person was first remanded under section 9.

13 Release from remand on refusal to surrender person
(1) Where the Attorney-General has determined not to surrender the person to the Tribunal, the Attorney-General shall, by no¬tice in writing, order, as the case may require,—

(a) the release of the person from custody ; or
(b) the discharge of the recognisances on which bail was granted to the person.

(2) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded in cus-tody, a copy of the notice shall be sent to the prison manager of the prison in which the person is detained, and upon receipt of the notice the person in custody shall be released unless the person is otherwise liable to be detained in custody.

(3) Where the Attorney-General makes an order under subsection (1) in relation to a person who has been remanded on bail, a copy of the notice shall be sent to the Registrar of the court at which the person was released on bail.

14 Surrender warrant
(1) Subject to section 15, where the Attorney-General determines that the person is to be surrendered to the Tribunal, the Attorney-General shall issue a warrant for the surrender of the person to the Tribunal.

(2) The surrender warrant shall be in writing in the prescribed form.

15 Persons imprisoned under New Zealand law
(1) The Attorney-General shall not issue a surrender warrant if

(a) the person is serving a sentence of imprisonment in re-spect of an offence against the law of New Zealand ; and

(b) the Tribunal has been required to give adequate under-takings to the Attorney-General relating to
(i) the person's return to New Zealand to serve the remainder of the sentence once the person is no longer required to be detained by, or on the order of, the Tribunal ; and
(ii) the person's custody while travelling, and while in other countries, for the Tribunal's purposes ; and

(c) the Attorney-General is not satisfied that the Tribunal has given adequate undertakings relating to those matters.

(2) For the purposes of this section, the person is not taken to be serving a sentence of imprisonment if he or she has been released on parole or licence, or has been otherwise conditionally released, for the remainder of the sentence.

16 Detention following surrender warrant
(1) Where the Attorney-General issues a surrender warrant under section 14, the person shall, if he or she is in custody, be brought as soon as is practicable before a Judge.

(2) Where the Attorney-General issues a surrender warrant under section 14 and the person has been remanded on bail, any constable may arrest that person without warrant, and the person shall be brought as soon as is practicable before a Judge.

(3) The Judge shall order the committal of the person to a prison to remain there until he or she is surrendered or released ac¬cording to law.

17 Content of surrender warrant
(1) A surrender warrant in relation to a person (in this section re-ferred to as the "eligible person") shall—

(a) require the person in whose custody the eligible person is being held to release the eligible person into the custody of a constable ; and

(b) authorise the constable to transport the eligible person in custody, and, if necessary or convenient, to detain the eligible person in custody, for the purpose of enabling the eligible person
(i) to be placed in the custody of a specified person who is an officer of the Tribunal or other person authorised by the Tribunal ; and
(ii) to be transported to a place specified by the Tribunal ; and

(c) authorise the specified person to transport the eligible person in custody to a place specified by the Tribunal for the purpose of surrendering the eligible person to a person appointed by the Tribunal to receive the person.

(2) A place referred to in subsection (1 )(b) or (c) may be a place in or outside New Zealand.

18 Release from remand
(1) This section applies to a person

(a) in relation to whom a surrender warrant has been issued ; and
(b) who is in custody in New Zealand under the warrant, or otherwise under this Act, more than 2 months after the day on which the warrant was first liable to be executed.

(2) Subject to subsection (3), the High Court shall order that a person to whom this section applies be released from that custody if—

(a) the person has made an application to the High Court to be released ; and
(b) reasonable notice of the intention to apply to the High Court was given by the person to the Attorney-General.

(3) The High Court shall not order that the person be released from custody if it is satisfied that the surrender warrant has not been executed within the period of 2 months, or since the person last made an application under subsection (2), as the case may be,—

(a) because to do so would have been dangerous to the per¬son's life or prejudicial to the person's health ; or
(b) for any other reasonable cause.

19 Effect of surrender on prisoner's sentence

(1) ubject to subsection (2), where a person who is serving a sentence in respect of an offence against the law of New Zealand is surrendered to a Tribunal under this Part, the person shall, while he or she is in the custody of, or on the order of, the Tribunal (including custody outside New Zealand), be eemed to be continuing to serve that sentence.

(2) If the person is convicted of a Tribunal offence, time spent by the person in custody serving a sentence of imprisonment imposed by the Tribunal for the Tribunal offence is not to be counted as time towards the sentence referred to in subsection (1).

20 Expiry of New Zealand sentences while under Tribunal detention
If—

(a) at the time a person was surrendered to a Tribunal under this Part, the person was serving a sentence of imprisonment in respect of an offence against the law of New Zealand ; and
(b) the sentence of imprisonment that the person was serving at that time expires while the person is being detained by, or on the order of, the Tribunal,—

the Attorney-General must without delay inform the Tribunal of the expiry, and, if the Tribunal was required to give undertakings in accordance with section 15(1)(b), that the undertakings are no longer required to be complied with.

Part 3
Other forms of assistance to a Tribunal

Taking evidence, etc

21 Attorney-General may authorise taking of evidence

(1) This section applies where a Tribunal makes a request to the Attorney-General

(a) for evidence to be taken in New Zealand ; or
(b) for documents or other articles in New Zealand to be produced—

for the purposes of a proceeding before, or an investigation conducted by, the Tribunal.

(2) Subject to section 57, where the Attorney-General is satisfied—

(a) that the request relates to a Tribunal offence ; and
(b) that there are reasonable grounds for believing that the evidence can be taken or, as the case may be, the documents or other articles can be produced in New Zealand,—

the Attorney-General may authorise, in writing, assistance in accordance with section 22 and section 23.

22 Taking of evidence

(1) Where the Attorney-General authorises the taking of evidence under section 21, the evidence shall be taken on oath from each witness by a Judge.

(2) The Judge who takes evidence in accordance with subsection (1), shall—

(a) cause the evidence to be put in writing ; and
(b) certify that the evidence was taken by the Judge ; and
(c) cause the writing so certified to be sent to the Attorney-General.

23 Producing documents or other articles

(1) Where the Attorney-General authorises the production of documents or other articles, that production shall be required by the order of a Judge.

(2) Subject to subsection (3), if the documents or other articles are produced, the Judge shall send them to the Attorney-General together with a written statement certifying that they were pro-duced to the Judge.

(3) In the case of documents, the Judge may send to the Attorney-General copies of the documents certified by the Judge to be true copies.

24 Legal representation

The Judge conducting a proceeding under section 22 or section 23, or both, may permit—

(a) the person to whom the proceeding before, or investi¬gation conducted by, the Tribunal relates ; and
(b) any other person giving evidence or producing docu-ments or other articles at the proceeding before the Judge ; and
(c) the Tribunal—

to have legal representation at the proceeding before the Judge.

25 Form of certificate

A certificate by a Judge under section 22(2) or section 23(2)shall state whether, when the evidence was taken or the documents or other articles were produced, any of the following persons were present :

(a) the person to whom the proceeding before, or the in-vestigation conducted by, the Tribunal relates, or that person's legal representative (if any) :
(b) any other person giving evidence or producing documents or other articles, or that person's legal representative (if any).

26 Compellability of persons to attend

(1) Subject to subsections (2) and (3), the law of New Zealand with respect to compelling persons—

(a) to attend before a Judge ; and
(b) to give evidence, answer questions, and produce documents or other articles—
on the hearing of a charge against a person for an offence against the law of New Zealand shall apply, with necessary modifications, with respect to compelling persons for the purposes of sections 22 and 23.

(2) For the purposes of sections 22 and 23, the person to whom the proceeding before, or the investigation conducted by, the Tribunal relates, is competent but not compellable to give evidence.

(3) No person who is required, pursuant to section 22 or section 23, to give evidence, or to produce documents or other articles for the purposes of a proceeding before, or investigation conducted by, a Tribunal shall be required to give any evidence, or to produce any document or article, that the person could not be compelled to give or produce in the proceedings before, or investigation conducted by, the Tribunal.

(4) A person who is required, pursuant to section 22 or section 23, to give evidence or produce documents or other articles for the purposes of a proceeding before, or investigation conducted by, the Tribunal shall have the same privileges in relation to the answering of questions and the production of documents or articles as if the proceedings were pending in a New Zealand court or the investigation were being conducted in New Zealand, as the case may be.

27 Tribunal immunity certificates

(1) In this section, Tribunal immunity certificate means a cer-tificate or declaration that—

(a) is given or made by a Tribunal under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal ; and

(b) specifies or declares that, under the Statute of the Tribunal or under the rules adopted under the Statute of the Tribunal, persons generally or a specified person could or could not
(i)either generally or in specified proceedings ; and
(ii) either generally or in specified circumstances —

be required to answer a specified question or to produce a specified document.

(2) A Tribunal immunity certificate, duly authenticated in accord¬ance with subsection (3), is admissible in proceedings for the purposes of the application of section 26(3) as prima facie evidence of the matters stated in the certificate.

(3) A certificate is duly authenticated for the purposes of subsection (2) if it purports to be signed or certified by a Judge, Registrar, or officer of the Tribunal.

28 Powers of Judge may be exercised by Registrar

(1) Any Judge may authorise a Registrar of the High Court to exercise the powers of a Judge under section 22 or section 23 in respect of any particular case.

(2) Any authorisation given under subsection (1) may be revoked at any time by any Judge.

(3) Where any matter in respect of which a Registrar has jurisdiction under any authorisation given under subsection (1) appears to the Registrar to be one of special difficulty, he or she may refer the matter to a Judge, who may dispose of the mat¬ter or may refer it back to the Registrar with such directions as the Judge thinks fit.

(4) Nothing in this section shall prevent the exercise, by any Judge, of any jurisdiction or powers conferred on any Registrar under this section.

Search and seizure

29 Attorney-General may authorise application for search warrant Subject to section 57, where—

(a) a Tribunal makes a request to the Attorney-General to assist in obtaining by search and seizure any thing that is relevant to a Tribunal offence ; and
(b) the Attorney-General is satisfied that there are reasonable grounds for believing that the thing is located in New Zealand,—

the Attorney-General may, in writing, authorise a constable to apply to an issuing officer for the issue of a search warrant in accordance with section 48, and that constable may apply for the warrant accordingly.

Giving evidence at hearings, or assisting in investigations, in foreign countries

30 Person other than offender giving evidence or assisting

(1) This section applies where—

(a) a Tribunal makes a request to the Attorney-General for the attendance of a person
(i) at a hearing in a foreign country in connection with a proceeding before the Tribunal ; or
(ii) in a foreign country to assist an investigation being conducted by the Tribunal ; and

(b) the person is in New Zealand and is not a person described in section 31(1 )(b).

(2) Where, on receipt of a request to which this section applies, the Attorney-General is satisfied—

(a) that the proceeding or investigation relates to a Tribunal offence ; and
(b) that there are reasonable grounds to believe that the person can give evidence relevant to the proceeding or as¬sist the investigation ; and
(c) that the person has freely consented to giving evidence or assisting in the foreign country ; and
(d) that the Tribunal has given, to the extent, if any, required by the Attorney-General, an adequate undertaking in respect of the matters specified in section 33,—

the Attorney-General may, subject to section 57, authorise, in writing, assistance to the Tribunal in accordance with this section and may assist in the making of arrangements to facilitate that attendance.

31 Offender giving evidence or assisting

(1) This section applies where—

(a) a Tribunal has made a request to the Attorney-General for the attendance of a person
(i) at a hearing in a foreign country in connection with a proceeding before the Tribunal ; or
(ii) in a foreign country to assist an investigation be¬ing conducted by the Tribunal ; and

(b) the person is in New Zealand and is —
(i) a prisoner ; or
(ii) on parole, home detention, or compassionate release, or is subject to release conditions, under Part 1 of the Parole Act 2002 ; or
(iii) subject to a sentence of home detention imposed under section 80A of the Sentencing Act 2002 ; or
(iv) at large pursuant to section 62 of the Corrections Act 2004 ; or
(v) subject to a community-based sentence (within the meaning of section 4(1) of the Sentencing Act 2002).

(2) Where, on receipt of a request to which subsection (1) applies, the Attorney-General is satisfied—

(a) that the proceeding or investigation relates to a Tribunal offence ; and
(b) that there are reasonable grounds to believe that the person can give evidence relevant to the proceeding or assist the investigation ; and
(c) that the person has freely consented to giving evidence or assisting in the foreign country ; and
(d) that the Tribunal has given, to the extent, if any, required by the Attorney-General, adequate undertakings in respect of the matters referred to in section 33,—

the Attorney-General may, subject to section 57, authorise the travel of the person to a foreign country in accordance with this section.

(3) Where travel by a person to a foreign country is authorised in accordance with subsection (2), the Attorney-General may,—

(a) in the case of a person who is a prisoner, direct that the prisoner be released from the prison in which that per-son is detained for the purpose of travelling to the foreign country to give evidence at the hearing, and may make arrangements for the prisoner to travel to the for-eign country in the custody of a constable or a prison officer:
(b) in the case of any other person to which this section applies, approve and arrange the travel of the person to the foreign country to give evidence at the hearing, and may obtain such approvals, authorities, and permissions as are required for the purpose, including the variation, discharge, or suspension of the conditions of the person's release, or the variation, cancellation, or suspension of the person's sentence, or of the conditions of the person's sentence.

(4) A direction given, pursuant to subsection (3)(a), by the Attorney-General in respect of a prisoner shall be sufficient authority for the release of the prisoner from the prison in which he or she is detained for the purposes of the direction.

(5) Every person released under a direction given pursuant to sub-section (3)(a) shall, while that person is in New Zealand dur¬ing the period of that release, be deemed, for the purposes of section 120 of the Crimes Act 1961 (which relates to escaping from lawful custody) and for that purpose only, to continue to be in legal custody for the time being under the Corrections Act 2004.

32 Effect of removal to foreign country on prisoner's sentence

Where a prisoner who is serving a sentence for an offence against the law of New Zealand is released from a New Zealand prison pursuant to a request by a Tribunal under section 31, the prisoner shall, while in custody in connection with the request (including custody outside New Zealand), be deemed to be continuing to serve that sentence.

33 Undertakings relating to persons giving evidence or assisting

(1) Where a Tribunal makes a request to the Attorney-General for the attendance of a person to whom section 31 applies or a person to whom section 30 applies to give evidence or assist, the Attorney-General shall seek from the Tribunal an undertaking—

(a) that the person will only be required to give evidence or assistance in relation to the Tribunal offence specified in the request ; and
(b) that any evidence given by the person will not be used in any proceeding other than the proceeding to which the Tribunal offence relates ; and
(c) that the person will be returned to New Zealand as soon as practicable in accordance with arrangements agreed to by the Attorney-General.

(2) In a case where the request relates to a person who is a pris-oner, and the Attorney-General requests the Tribunal to make arrangements for the keeping of the prisoner in custody while the prisoner is in the foreign country, the Tribunal shall also give, to the extent, if any, required by the Attorney-General, the following undertakings :

(a) that appropriate arrangements will be made for that purpose:
(b) that the prisoner will not be released from custody in the foreign country without the prior approval of the Attorney-General:
(c) that if the prisoner is released in accordance with paragraph (b), the prisoner's accommodation and expenses will be paid for by the Tribunal until the Tribunal decides that the person is no longer required to give evidence in the proceeding, or to assist the investigation, to which the request relates.

Custody of persons in transit

34 Transit

(1) Where a person is to be transported in custody from a foreign country through New Zealand to another foreign country for the purpose of—

(a) giving evidence in a proceeding before a Tribunal ; or
(b) giving assistance in relation to an investigation being conducted by a Tribunal ; or
(c) being surrendered to a Tribunal,—

that person may be transported through New Zealand in the custody of another person.

(2) Where an aircraft or ship by which the person is being trans-ported lands or calls at a place in New Zealand, the person must be kept in such custody as the Attorney-General may direct in writing until the person's transportation is continued.

(3) Where—

(a) a person is being held in custody pursuant to a direction under subsection (2) ; and
(b) the person's transportation is not, in the Attorney-General's opinion, continued within a reasonable time,

— the Attorney-General may direct that the person be transported in custody to the foreign country from which the person was first transported, and such a direction shall be sufficient authority for that person's removal from New Zealand by such means as the Attorney-General directs.

(4) For the purposes of enabling the grant of a limited visa under the Immigration Act 2009 to any person whom it is proposed to transport through New Zealand pursuant to this section, the Attorney-General may issue a certificate, in writing, that the person is to be transported through New Zealand pursuant to this section.

(5) The Attorney-General may, at any time by notice in writing, cancel any certificate issued under subsection (4) in respect of any person who is in New Zealand for the purposes of being transported through New Zealand pursuant to this section if the Attorney-General is satisfied that that person's presence in New Zealand is no longer necessary for that purpose.


Assistance in serving documents

35 Service of process

(1) Subject to section 57, where—

(a) a Tribunal requests the Attorney-General to arrange for service in New Zealand of a process relating to a proceeding before, or an investigation conducted by, the Tribunal in respect of a Tribunal offence ; and

(b) the Attorney-General is satisfied
(i) hat the request relates to a Tribunal offence ; and
(ii) that there are reasonable grounds for believing that the person to be served is located in New Zealand,—
the Attorney-General may authorise service of the process.

(2) Where service is authorised under subsection (1), the Attorney-General shall direct the appropriate authority to arrange service, and in such a case the authority shall—

(a) use its best endeavours to have the process served
(i) in accordance with procedures proposed in the request ; or
(ii) if those procedures would be unlawful or in-appropriate in New Zealand, or if no procedures are so proposed, in accordance with the law of New Zealand ; and

(b) if the document
(i) is served, transmit to the Attorney-General for transmission to the Tribunal a certificate as to service ; or
(ii) is not served, transmit to the Attorney-General for transmission to the Tribunal a statement of the reasons that prevented the service.

Part 6
Search, seizure, and powers of arrest

Search warrants

48 Issue of search warrants

(1) Any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 of Part 4 of that Act by a constable who is of or above the level of position of inspector under section 11, is satisfied that there are reasonable grounds for believing that there is in or on any place or thing—

(a) any thing upon or in respect of which a relevant Tri-bunal offence has been, or is suspected of having been, committed ; or
(b) any thing which there are reasonable grounds for believ¬ing will be evidence as to the commission of any such offence—

may issue a search warrant in respect of that thing.

(2) An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 of Part 4 of that Act by a constable authorised under section 29, is satisfied that there are reasonable grounds for believing that there is in or on any place or thing—

(a) any thing upon or in respect of which any Tribunal offence has been, or is suspected of having been committed ; or
(b) any thing which there are reasonable grounds for believing will be evidence as to the commission of such an offence—

may issue a search warrant in respect of that thing.

(3) The provisions of subparts 1 to 5 and 7 to 10 of Part 4, and sections 161 and 162 of the Search and Surveillance Act 2012 apply.

(4) In subsection (1), relevant Tribunal offence means a Tribunal offence in respect of which a person has been arrested under a warrant issued under section 7.

49 Form and content of search warrant [Repealed]
Section 49: repealed, on 1 October 2012, by section 267(7) of the Search and Surveillance Act 2012 (2012 No 24).

50 Powers conferred by warrant [Repealed]
(a) Section 50: repealed, on 1 October 2012, by section 267(7) of the Search and Surveillance Act 2012 (2012 No 24).

50A Power to stop vehicles [Repealed]
Section 50A: repealed, on 1 October 2012, by section 267(7) of the Search and Surveillance Act 2012 (2012 No 24).


Execution of search warrants

51 Person executing warrant to produce evidence of authority
[Repealed]
Section 51: repealed, on 1 October 2012, by section 267(7) of the Search and Surveillance Act 2012 (2012 No 24).

52 Notice to owner or occupier of execution of warrant [Repealed]
Section 52: repealed, on 1 October 2012, by section 267(7) of the Search and Surveillance Act 2012 (2012 No 24).

53 Certificate to Tribunal of execution of warrant
Where—

(a) a warrant issued under section 48 is executed ; and
(b) any thing is seized pursuant to the warrant,—

the Attorney-General shall, where the Tribunal concerned requests, give to the Tribunal a certificate specifying the date and time of execution of the warrant, the identity of the person who executed the warrant, and the thing or things seized under the warrant.


Arrest

54 Power to enter premises to arrest person
(1) Subject to subsection (2), where

(a) a constable has, pursuant to a warrant issued under this Act or pursuant to section 16(2), power to arrest a person ; and
(b) the constable believes on reasonable grounds that the person is on any premises,—

the constable may enter the premises, using such force as is necessary and reasonable in the circumstances, at any time of the day or night for the purpose of arresting the person.

(2) If, in any case to which this section applies, the constable is not in uniform and any person in actual occupation of the premises requires the constable to produce evidence of his or her authority, the constable shall before entering on the premises produce his or her badge or other evidence that he or she is a constable.

55 Retention of things seized

(1) Where a constable seizes a thing pursuant to a warrant issued under this Act, that constable shall deliver it into the custody and control of the Commissioner of Police or a constable who is of or above the level of position of inspector designated by the Commissioner of Police to receive things seized under this Act.

(2) Subject to subsection (5), the Commissioner of Police or designated constable shall—

(a) inform the Attorney-General that the thing has been so delivered ; and
(b) retain the thing for a period not exceeding 1 month from the day on which the thing was seized pending the At-torney-General's direction under subsection (3) about how to deal with the thing ; and
(c) comply with any direction that the Attorney-General gives.

(3) The Attorney-General may, by written notice, give the Commissioner of Police or designated constable a direction as to how to deal with the thing seized.

(4) Without limiting the directions that may be given under subsection (3), the Attorney-General may require the Commissioner of Police or designated constable to send the thing seized to the Tribunal concerned.

(5) Subject to sections 154 and 155 of the Search and Surveillance Act 2012 (which apply with any necessary modifications), The Attorney-General shall direct the Commissioner of Police or designated constable to return the thing seized if—

(a) the reason for its seizure no longer exists ; or
(b) it is decided that the thing is not to be used in evidence by the Tribunal concerned—
unless the thing seized is the subject of a dispute as to who is entitled to it.

(6) Subject to sections 154 and 155 of the Search and Surveillance Act 2012 (which apply with any necessary modifications), If no direction is given by the Attorney-General before the expiry of the period referred to in subsection (2)(b), the Commissioner of Police or designated constable shall arrange for the thing to be returned to the person from whose possession it was seized as soon as practicable after that period has expired unless the thing seized is the subject of a dispute as to who is entitled to it.