Singapore legislation

Section 61

of Criminal Procedure Code

Section 61

When search warrant may be issued

(1)

Where —

(a)

any court has reason to believe that a person to whom a summons under section 58 or a requisition under section 59(1) has been or might be addressed will not or would not produce the document or other thing as required by the summons or requisition;

(b)

that document or other thing is not known to the court to be in the possession of any person; or

(c)

the court considers that the purposes of justice or of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection,it may issue a search warrant, and the person to whom the warrant is directed may search or inspect in accordance with the warrant and with this Code.[Form 8.]

(2)

Nothing herein shall authorise any court other than the High Court to grant a warrant to search for a document in the custody of the Telecommunication Authority of Singapore or its agent.

(3)

A search warrant shall ordinarily be directed to the Commissioner of Police and to some other police officers to be designated by name therein, and all or any of those police officers may execute the warrant.

(4)

The court issuing a search warrant may direct it to any person or persons by name, not being police officers, and all or any one or more of those persons may execute the warrant.

(5)

The court may, if it thinks fit, specify in the warrant the particular place or part of it to which only the search or inspection shall extend and the person charged with the execution of the warrant shall then search or inspect only the place or part so specified.

(6)

The Magistrate by whom a search warrant is issued may attend personally for the purpose of seeing that the warrant is duly executed.

(7)

Any Magistrate may orally direct a search to be made in his presence of any place for the search of which he is competent to issue a search warrant.[60