QJA Workshop on Search Warrants
At the Gold Coast Branch of the QJA meeting on 14 March 2017 our president, Keith Revell, gave a very informative workshop on search warrants. Most of the audience including myself were familiar with search warrants but refreshed and updated information is always valuable, especially as warrant application and warrant issue are relatively complex processes.
We were reminded of the main sources on which the police rely when preparing a search warrant application:
- QPS Operational Procedures Manual
- Qld Police Powers and Responsibilities Act 2000
- Qld Police Powers and Responsibilities Regulation 2012
- Qld Justices Act 1886
- QPRIME Queensland Police Records and Information Management Exchange
Keith referred to important points from detailed slides which he carefully annotated to highlight the information for future reference. For me the key take-aways were:
- It is acceptable to record the police officer’s ID number in the JP logbook as different data privacy rules apply for warrants
- Use the QJA Police Search Warrant checklist and interview form to guide the process of reading the application and issuing the warrant
- Search warrants must always be sworn not affirmed
- When reading the list of items the police expect to find on a search bear in mind the list need not be exhaustive as chance discovery is allowed
- Remember to sign the last page on both application and warrant twice
- On the last page of the warrant which will be used in future for the oath of service remember to sign the last page footer
- Initial significant changes with the police officer, and make sure the wording on both application and warrant match
- Warrants for conducting a search for records can only be issued by a magistrate
- Treat an Application for Post-search Approval Order like an affidavit, ie both sign every page and don’t keep a copy
A very valuable practical exercise involved reading in detail actual examples suitably modified of both a 7-day and 72-hour application/warrant.
At the end Keith spent some time on explaining the procedures for a JP to follow if asked to accompany police as in independent witness when conducting a search. The QJA checklist for this process is very useful.
