Larceny Act, 1916

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Search warrants.

42.—(1) If it is made to appear by information on oath before a justice of the peace that there is reasonable cause to believe that any person has in his custody or possession or on his premises any property whatsoever, with respect to which any offence against this Act has been committed, the justice may grant a warrant to search for and seize the same.

(2)—(a) Any constable or peace officer may, if authorised in writing by a chief officer of police, enter any house, shop, warehouse, yard, or other premises, and search for and seize any property he believes to have been stolen, and, where any property is seized in pursuance of this section, the person on whose premises it was at the time of seizure or the person from whom it was taken shall, unless previously charged with receiving the same knowing it to have been stolen, be summoned before a court of summary jurisdiction to account for his possession of such. property, and such court shall make such order respecting the disposal of such property and may award such costs as the justice of the case may require.

(b) It shall be lawful for any chief officer of police to give such authority as aforesaid—

(i) when the premises to be searched are or within the preceding twelve months have been in the occupation of any person who has been convicted of receiving stolen property or of harbouring thieves; or

(ii) when the premises to be searched are in the occupation of any person who has been convicted of any offence involving fraud or dishonesty and punishable with penal servitude or imprisonment.

(c) It shall not be necessary for such chief officer of police on giving such authority to specify any particular property, but he may give such authority if he has reason to believe generally that such premises are being made a receptacle for stolen goods.