Alle Vorschriften · AML/CFT Act (Cap. 251) · Part Viii: Investigation
65 Search warrant
(1) Notwithstanding anything contained in section 95 to section 99 of the Criminal Procedure Code, a Judge of the Court may, on an application submitted by or on behalf of the law enforcement agency, if he or she is satisfied that there are reasonable grounds for believing that the evidence or the identity or location of proceeds of crime, is to be found in any place, issue a warrant for the search of that place and seizure of any property and arrest any person found in that place.
(2) A Judge of the Court, may hear an application under subsection (1) at any place and time (including a non-working day) and pass appropriate orders for search, seizure and arrest on the same day.
(3) A warrant of search, seizure and arrest issued under subsections (1) and
(2) shall specify an officer of the law enforcement agency, if necessary accompanied by one or more law enforcement officers, to enter, within one week of the date of issuing of the warrant (if necessary by the use of reasonable force), the place named in the warrant for search, seize and arrest any person found at that place and also retain any material found at that place, or any material found in the possession of the person found at that place at the time of the search, which the law enforcement officer or the person accompanying him believes to be evidence of or relating to proceeds of crime, or to their identity of the property or whereabouts of the persons involved in the offence.
(4) The authority conferred by subsection (3) to seize and retain any material includes, in the case of a document or record—
(a) to make and retain a copy of the document or record; and
(b) where necessary, to seize and retain any computer or other storage medium in which any record is kept.
(5) The law enforcement officer or any other official acting under the authority of a warrant issued under subsection (1) or subsection (2) may—
(a) operate any computer at the place of search or direct that it be operated by the person using such computer; and
(b) require any person at that place of search who appears to have lawful access to the information in the computer—
(i) to give to the law enforcement officer necessary access to operate the computer;
(ii) to provide any necessary information to enable the law enforcement officer or the persons accompanying him to examine the information accessible from the computer in a form in which the information is visible and legible; or
(iii) to produce the information to the law enforcement officer or the persons accompanying him in a form in which it can be removed and in which the information is, or can be made, visible and legible.
(6) For the purposes of this section—
(a) “computer at the place of search” includes any other computer, whether at that place or at any other place, which is lawfully accessible by means of the first-mentioned computer; and
(b) “material” includes a copy of the material and a document or record.
(7) The law enforcement officer or any other official acting under the authority of a warrant issued under subsection (1) or subsection (2), may—
(a) require any person present at the place where the search is carried out to disclose that person’s name and address; and
(b) arrest without warrant any person who—
(i) obstructs or attempts to obstruct the law enforcement officer or any person accompanying that law enforcement officer in the carrying out of his duties;
(ii) fails to comply with a requirement under subsection (5)(b) or subsection (7)(a);or
(iii) gives false name and address, which the law enforcement officer believes to be false or misleading.
(8) A person who obstructs or attempts to obstruct the law enforcement officer or any other official acting under the authority of a warrant issued under subsection (1) or subsection (2) or who fails to comply with a requirement under subsection (5)(b) or (7)(a) or who gives a false or misleading name or address to the official, commits an offence and is liable on conviction to a fine not exceeding SCR100,000.
(9) The power to issue a warrant under this section is in addition to and not in substitution for any other power to search without warrant or to issue a warrant for the search of any place or person under this Act or under any other law in force.
(10) For the purposes of this section, “place” includes a dwelling, any vehicle or boat near the place named in the warrant, where the law enforcement officer suspects that the evidence of or relating to proceeds of crime, or to their identity or whereabouts may be found therein.
(2) A Judge of the Court, may hear an application under subsection (1) at any place and time (including a non-working day) and pass appropriate orders for search, seizure and arrest on the same day.
(3) A warrant of search, seizure and arrest issued under subsections (1) and
(2) shall specify an officer of the law enforcement agency, if necessary accompanied by one or more law enforcement officers, to enter, within one week of the date of issuing of the warrant (if necessary by the use of reasonable force), the place named in the warrant for search, seize and arrest any person found at that place and also retain any material found at that place, or any material found in the possession of the person found at that place at the time of the search, which the law enforcement officer or the person accompanying him believes to be evidence of or relating to proceeds of crime, or to their identity of the property or whereabouts of the persons involved in the offence.
(4) The authority conferred by subsection (3) to seize and retain any material includes, in the case of a document or record—
(a) to make and retain a copy of the document or record; and
(b) where necessary, to seize and retain any computer or other storage medium in which any record is kept.
(5) The law enforcement officer or any other official acting under the authority of a warrant issued under subsection (1) or subsection (2) may—
(a) operate any computer at the place of search or direct that it be operated by the person using such computer; and
(b) require any person at that place of search who appears to have lawful access to the information in the computer—
(i) to give to the law enforcement officer necessary access to operate the computer;
(ii) to provide any necessary information to enable the law enforcement officer or the persons accompanying him to examine the information accessible from the computer in a form in which the information is visible and legible; or
(iii) to produce the information to the law enforcement officer or the persons accompanying him in a form in which it can be removed and in which the information is, or can be made, visible and legible.
(6) For the purposes of this section—
(a) “computer at the place of search” includes any other computer, whether at that place or at any other place, which is lawfully accessible by means of the first-mentioned computer; and
(b) “material” includes a copy of the material and a document or record.
(7) The law enforcement officer or any other official acting under the authority of a warrant issued under subsection (1) or subsection (2), may—
(a) require any person present at the place where the search is carried out to disclose that person’s name and address; and
(b) arrest without warrant any person who—
(i) obstructs or attempts to obstruct the law enforcement officer or any person accompanying that law enforcement officer in the carrying out of his duties;
(ii) fails to comply with a requirement under subsection (5)(b) or subsection (7)(a);or
(iii) gives false name and address, which the law enforcement officer believes to be false or misleading.
(8) A person who obstructs or attempts to obstruct the law enforcement officer or any other official acting under the authority of a warrant issued under subsection (1) or subsection (2) or who fails to comply with a requirement under subsection (5)(b) or (7)(a) or who gives a false or misleading name or address to the official, commits an offence and is liable on conviction to a fine not exceeding SCR100,000.
(9) The power to issue a warrant under this section is in addition to and not in substitution for any other power to search without warrant or to issue a warrant for the search of any place or person under this Act or under any other law in force.
(10) For the purposes of this section, “place” includes a dwelling, any vehicle or boat near the place named in the warrant, where the law enforcement officer suspects that the evidence of or relating to proceeds of crime, or to their identity or whereabouts may be found therein.
Amtliche Quelle: Anti-Money Laundering and Countering the Financing of Terrorism Act (Cap. 251), Act 5 of 2020, Revised Edition as at 17 January 2025 (Acts 5 of 2020, 7 of 2021, 8 of 2021, 62 of 2021, 9 of 2022, 12 of 2024, S.I. 145 of 2020)