New South Wales Consolidated Acts

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Protection of police acting in execution of warrant

232 Protection of police acting in execution of warrant

(cf Police Act 1990 , s 215)

(1) If any proceedings (whether criminal or not) are brought against any police officer for anything done or purportedly done by the police officer in execution of a warrant (whether issued under this or any other Act or law), or a notice to produce documents issued under this Act, the police officer is not to be convicted or held liable merely because--
(a) there was an irregularity or defect in the issuing of the warrant or notice, or
(b) the person who issued the warrant or notice lacked the jurisdiction to do so.
(2) In any such proceedings, the court must acquit the police officer or dismiss the proceedings if the police officer--
(a) produces the warrant or notice, and
(b) proves that the signature on the warrant or notice is that of the person whose signature it purports to be, and
(c) proves that such a person has the reputation of being, and acts as, a person who has the jurisdiction to issue the warrant or notice, and
(d) the act complained of was done in execution of the warrant or notice.

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