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Further powers of magistrate

Cap. 123, s. 6 · Revised Edition 2020

(1) A magistrate, on becoming aware of any fire or occurrence within his judicial district, as to the origin or cause of which it appears expedient to hold an inquiry, may, (a) from time to time himself inspect, or by order authorise and direct any person to inspect, the locality where the fire or occurrence has taken place, and make such examination and take such photographs, drawings and measurements as he or they may deem expedient; (b) by order in writing, require that the place in and near which the fire or occurrence has happened shall be left undisturbed and that no article or thing shall be removed therefrom, for such reasonable time, to be specified in such order, as may be necessary for the purposes of the inquiry, and the time mentioned in any such order may be extended by a like order in writing, and while such order may be extended by a like order in 7 writing, and while any such order remains in force, every member of the police department shall have full authority to remain in possession of such place, and prevent any person from going thereon and to prevent any article or thing being disturbed or removed; (c) by order in writing, authorise any member or members of the police department, without naming such member or members, to take and keep possession of any article or thing which he thinks should be safely kept for inspection or production at the inquiry; (d) where any article or thing, the production of which there is reason to consider is necessary for the purposes of the inquiry, has been removed or is concealed, and it is made to appear to him, by evidence on oath, that there is reasonable ground for believing that such article or thing is in a certain house or on certain premises, by warrant, empower any member of the police department, without naming such member, to search the house or premises for such article or thing and when found to keep possession of it for production at the inquiry. (2) If any person feels aggrieved by an order made under this section, he may, on an affidavit of the facts and without notice except as is directed in subsection (3) of this section, apply by motion to a judge to vary or annul the order, and the judge may make such order as the circumstances may require. (3) Every person wishing to make any such application shall, twenty- four hours at least before making the application, leave at the office of the Director of Public Prosecutions and with the magistrate, a notice in writing of his intention to make 8 it, and a copy of every affidavit which he intends to use on making such application. (4) No court fees shall be demanded or received from such person in respect of such application. (5) Every person who obstructs the magistrate, or other person appointed by him as mentioned in subsection (1) of this section or anyone acting under his order or direction while acting under the authority of this section, is liable on summary conviction to a fine not exceeding five hundred dollars or to imprisonment for any term not exceeding six months.

Amended by: 42 of 1999; 42 of 1999; 42 of 1999; 1 of 1969

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