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Police Act 2013 - Police Regulations 2013

SOLOMON ISLANDS

POLICE ACT 2013
(No. 2 of 2013)

POLICE REGULATIONS 2013

Arrangement of Regulations

PART 1 - PRELIMINARY

1. CITATION
2. INTERPRETATION

PART 2 - GOVERNANCE AND ADMINISTRATION

3. CODE OF CONDUCT
4. DELEGATIONS BY THE COMMISSIONER
5. APPLICATION OF COMMISSIONER'S ORDERS
6. COMMISSIONER TO REPORT ON USE OF WEAPONS
7. REPORTS TO THE COMMISSIONER

PART 3 - EMPLOYMENT

8. ENLISTMENT EDUCATIONAL REQUIREMENTS
9. OTHER ENLISTMENT REQUIREMENTS
10. SPECIAL ALLOWANCES
11. SICK LEAVE
12. COMPASSIONATE LEAVE
13. REMUNERATION OF AUTHORISED OFFICERS
14. TRANSFER OF OFFICERS BETWEEN POSTS

PART 4 - POWERS AND DUTIES

15. DEFINITION OF VARIOUS POLICE EQUIPMENT AND WEAPONS, AND DEFINITION OF THEIR USE
16. USE OF POLICE WEAPONS
17. AUTHORISED POLICE WEAPONS
18. USE OF TACTICAL EQUIPMENT
19. USE OF INSTRUMENTS OF RESTRAINT
20. STORAGE OF POLICE WEAPONS
21. ACCOUNTING FOR POLICE WEAPONS
22. AUTHORISED POLICE ANIMALS
23. GENERAL AUTHORITY TO USE POLICE DOGS
24. FORMS FOR SEARCH WARRANTS
25. FORMS FOR SURVEILLANCE DEVICES
26. STORAGE OF SEIZED PROPERTY
27. DUTIES OF POLICE OFFICER TAKING POSSESSION OF SEIZED PROPERTY
28. RETURN OF SEIZED PROPERTY
29. APPLICATION FOR USE OF SURVEILLANCE DEVICES

PART 5 - CONDUCT AND DISCIPLINE

30. ADDITIONAL DISCIPLINARY OFFENCES
31. DISCIPLINARY TRIBUNAL
32. PROCEDURE FOR DISCIPLINARY INQUIRIES

PART 6 - FIRE AND RESCUE SERVICE

33. RISK ABATEMENT ORDER
34. FEES FOR FIRE AND RESCUE SERVICE WORK

PART 7 - POLICE MARITIME DIVISION

35. USE OF WEAPONS ON PATROL BOATS

PART 8 - EXTERNAL RELATIONSHIPS

36. DEPLOYMENT OF OFFICERS FOR SERVICE OUTSIDE SOLOMON ISLANDS

PART 9 - OFFENCES

37. FALSE INFORMATION FOR SEARCH WARRANT
38. FALSE INFORMATION FOR SURVEILLANCE DEVICE
39. FAILURE TO PRODUCE DRIVING LICENCE OR VEHICLE REGISTRATION DOCUMENTS

PART 10 - MISCELLANEOUS

40. NON-LIABILITY FOR LOSS DURING SPECIAL POLICE SERVICES
41. FEES FOR SPECIAL POLICE SERVICES
42. FEES FOR ROYAL SOLOMON ISLAND POLICE FORCE BAND

___________________________

POLICE ACT 2013

(No.2 of 2013)

IN exercise of the powers conferred under section 218 of the Police Act 2013, the Minister for Police, National Security and Correctional Services hereby makes the following Regulations –

PART 1 - PRELIMINARY

Citation

1. These Regulations may be cited as the Police Regulations 2013.
   

Interpretation

2. In these Regulations –
   

"Act" means the Police Act 2013;

"child" means a person under the age of 18 years;

"Commissioner's Order" means an order made under section 18 of the Police Act 2013;

"customs offence" means any act or omission in contravention of the Customs and Excise Act (Cap. 121);

"drug offence" means the possession, control or supply by a person of any prohibited drug, plant or seeds in contravention of the Dangerous Drugs Act (Cap. 98);

"explosives offence" means importation, possession, manufacture, storage, transport, sale or use of explosives in contravention of the Explosives Act (Cap. 79);

"firearms offence" means the possession, manufacture, sale, repair, storage, import and export of firearms in contravention of the Firearms and Ammunition Act (Cap. 80);

"quarantine offence" means any act or omission in contravention of the Quarantine Act (Cap. 106);

"terrorism offence" means a terrorist act or any act or omission that would constitute an offence under the Counter-Terrorism Act 2009.

PART 2 - GOVERNANCE AND ADMINISTRATION

Code of Conduct

3. All police officers, recruits and specialist employees shall comply with the Code of Conduct set out in Schedule 1 to these Regulations.

Delegations by the Commissioner

4. The Commissioner may delegate, by a Commissioner's Order or by notice in writing, the exercise of any function, power, duty or responsibility in accordance with the Act.

Application of Commissioner's Orders

5. (1) All police officers and recruits must comply with the Commissioner's Orders.

(2) Specialist staff must comply with Commissioner's Orders when it is specified in the Order.

Commissioner to report on use of weapons

6. In addition to the information required under section 18 of the Act, the Commissioner must include in the annual report the following information –

(a) an account of the use of force and use of police weapons; and

(b) an account of the performance of the police and use of force during any riot.

Reports to the Commissioner

7. (1) All Provincial Police Commanders, the Commander of Central Police Station and Directors must each submit a monthly report to the Commissioner, in the form approved by the Commissioner, setting out the following information –

(a) the number, rank and post of each police officer stationed in each province or division;

(b) the number and location of specialist employees posted to each province or division;

(c) the number of detectives and plain clothes police officers posted to the province or division; and

(d) details of any leave taken by the police officers and specialist staff posted to the province or division.

(2) In this section, "Directors" mean police officers who are appointed administratively by the Commissioner in exercise of his powers under section 13 of Act for the efficient and effective management of the police force.

PART 3 - EMPLOYMENT

Enlistment educational requirements

8. (1) Any person who applies for recruitment into the police force must have successfully passed the education standard of Solomon Islands Form 5 or its equivalent.

(2) Pursuant to subregulation (1), each applicant must provide a copy of a certificate, statement or report from a school or educational facility that verifies the applicant has successfully completed Form 5 or equivalent.

(3) If an applicant has educational qualifications from an institution other than a Solomon Islands high school, the Commissioner may determine whether the qualifications are of equivalent standard to Solomon Islands Form 5.

Other enlistment requirements

9. The Commissioner may, by order, require persons applying for recruitment into the police force to provide documents or other evidence of any other enlistment requirements.

Special allowances

10. At the discretion of the Commissioner, police officers may be paid special allowances set out under Schedule 2 to these Regulations.

Sick leave

11. (1) Police officers are entitled to 28 days sick leave on full pay in each calendar year, provided that any absence has been reported and a medical certificate has been provided.

(2) Any unused sick leave shall not be accumulated or used in a subsequent calendar year.

Compassionate leave

12. (1) The Commissioner may approve up to 14 days compassionate leave on full pay to a police officer or recruit in the case of very serious illness or the death of a spouse, child or legally adopted child, or parent of the police officer or recruit.

(2) Approved compassionate leave is in addition to any annual leave entitlement granted to the police officer or recruit.

Remuneration for authorised officers

13. (1) Authorised officers shall serve voluntarily and shall not be entitled to claim or receive any payment or allowances for services unless the Minister, acting in his discretion, prescribes such payment or allowance by order in the Gazette.

(2) If the Minister prescribes payment or allowances under subregulation (1), such payment and allowances shall not exceed the amounts that are applicable to police officers of equivalent rank.

Transfer of officers between posts

14. (1) The Commissioner must either make or approve all postings or transfers of police officers from one province to another.

(2) Police officers who report to duty at any station or post other than his or her authorised post will be on unauthorised leave and be subject to disciplinary action.

(3) Any police officer who purports to report to duty at any station or post other than his or her authorised post will not be entitled to pay or any other entitlements, including accommodation, for the period of the unauthorised absence.

(4) Notwithstanding subregulation (2), a police officer who is unable to report to his or her authorised post after annual leave due to bad weather or unavailability of transport, or any other reason the Commissioner considers a valid excuse, may be granted permission by the Commissioner to work in an accessible station or post for up to 14 days.

PART 4 - POWERS AND DUTIES

Definition of various police weapons and equipment, and definition of their use

15. (1) In this Part –

"distraction devices" mean sound and flash distraction grenade devices and munitions;

"instruments of restraint" include plastic or metal handcuffs, ankle cuffs and strait jackets;

"police weapon" shall have the same meaning given under the Act;

"tactical equipment" includes batons, shields, incapacitating gases, stun guns, smoke canisters, impact rounds and water cannons;

"use", in relation to a police weapon, means –

(a) , in relation to a firearm, drawing, aiming or discharging the firearm;

(b) , in relation to a chemical agent or smoke canister, drawing, aiming or discharging the chemical agent;

(c) , in relation to an impact round, drawing, aiming or firing the impact round;

(d) , in relation to a baton, raising with the intention to strike or gain compliance or striking a person with the baton;

(e) , in relation to a shield, striking a person with any part of the shield; or

(f) , in relation to a plastic or metal handcuffs or instruments of restraint, physical application of the device upon a person.

Use of police weapons

16. A police officer who uses a police weapon shall use the weapon strictly in accordance with Commissioner's Orders and must submit a report in the form approved in the Commissioner's Order.
Authorised police weapons

17. (1) Police officers shall be authorised to use the following police weapons –

(a) firearms or delivery systems which discharge tactical equipment;

(b) hand-held smoke or gas canisters;

(c) instruments of restraint; and

(d) distraction devices.

Use of tactical equipment

18. Police tactical equipment shall only be issued by the Commissioner and used in the following circumstances –

(a) to prevent and disperse an unlawful procession or public assembly;

(b) to protect any person from physical injury;

(c) to protect any property from unlawful appropriation, damage or interference;

(d) to prevent a person from acting in a manner likely to cause serious injury to themselves, a police officer or any other person;

(e) to prevent access to an area during a riot;

(f) to deter or prevent an attack by an animal; or

(g) for the purpose of training approved by the Commissioner.

Use of instruments of restraint

19. (1) Instruments of restraint shall only be used when it is necessary and reasonable in the following circumstances –

(a) to restrain a person who is violent or a person that a police officer suspects on reasonable grounds may act in a violent manner;

(b) to prevent a person from escaping lawful custody;

(c) to protect other detainees or members of the public who may come in contact with the person;

(d) to prevent injury to the person or another person; or

(e) to prevent the loss, concealment or destruction of evidence of a crime.

(2) Notwithstanding subregulation (1), plastic or metal handcuffs shall only be used on a child if the police officer using the handcuffs believes on reasonable ground that it is necessary for the welfare or security of the child, or any other person.

Storage of police weapons

20. Any police officer on duty who is authorised to use a police weapon must take all reasonable steps to ensure that such weapon, when not in use, is securely stored within police premises at locations approved by the Commissioner.

Accounting for police weapons

21. Any police officer on duty who stores or is issued a police weapon must give account for such weapon at all times in accordance with the Commissioner's Orders.

Authorisation to use dogs and horses to assist police

22. The Commissioner may, in writing, approve police officers to use the following animals as police animals, provided they are adequately trained to assist with police work, to assist in the execution of his or her duty –

(a) dogs; and

(b) horses.

General authority to use police dogs

23. (1) A police officer authorised to use a police dog that is trained for a particular purpose shall, with the assistance of the police dog, carry out a search on a person, vehicle, aircraft or any premises for the purpose of detecting a firearms, quarantine, customs, explosives, criminal, terrorism or drug offence.

(2) A police officer authorised to use a police dog that is trained to detect certain items or substances shall, with the assistance of the police dog, carry out a search on a person, vehicle, vessel, aircraft or premises for money or any other item or thing that can be used as evidence of the commission of an offence under any laws of Solomon Islands.

(3) The Government, the Royal Solomon Islands Police Force or any police officer shall not be liable in any way to any action, claim, liability or demand for compensation arising due to a police dog's unlawful entry to any premises, or any other act by the police dog.

(4) Pursuant to section 74 of the Act, a police officer who, in the execution of his duty, is accompanied by a police dog may lawfully enter or be at any place with the presence of the police dog;

Application and forms for search warrants

24. (1) A police officer making an application to a Magistrate for a search warrant under section 104 of the Act must apply in the form prescribed in Part 1 of Schedule 4 to these Regulations.

(2) The Magistrate may issue a warrant in the form prescribed in Part 2 of Schedule 4 if the Magistrate is satisfied that there are reasonable grounds for the belief founding the application for the warrant.

Application and forms for use of surveillance warrants

25. (1) The Commissioner may make an application to a Principal magistrate or judge for a surveillance warrant under section 107 in the form prescribed in Part 3 of Schedule 4.

(2) If the magistrate or judge is satisfied that there are reasonable grounds for the belief founding the application for the warrant, the magistrate or judge may issue a warrant in the form prescribed in Part 4 of Schedule 4.

Storage of seized property

26. Any item of property that has been seized by a police officer after a search of a person, place, vehicle, vessel or aircraft shall be retained in safe custody in the following locations –

(a) if the property is to be returned to a person pursuant to section 106(2)(b) of the Act, the property must be kept in a secure place at a police station, post or correctional centre where the person is being detained;

(b) if the property is required for evidence in criminal proceedings, the property must be kept in a secure place approved by the Commissioner.

Duties of police officer taking possession of seized property

27. (1) A police officer who seizes any property after a search of a person, place or vehicle must, as soon as practicable after seizing the property –

(a) if a person is present, give a receipt for the seized property or, if no person is present, leave a receipt in a conspicuous place on the premises or vehicle; and

(b) deliver the property to the officer in charge of the police station or post where the officer is posted, or to such other place as the Commissioner may order for the safekeeping of seized property.

(2) The receipt shall be in the form approved by the Commissioner.

(3) A police officer is not required to issue a receipt pursuant to subregulation (1)(a) if the police officer believes, on reasonable grounds, that –

(a) the property has been abandoned;

(b) the property has no value other than as evidence; or

(c) there is no person lawfully in possession of the property.

Return of seized property

28. (1) Property that has been seized by a police officer for evidence in proceedings must be delivered to the person lawfully entitled to it within 1 month after the expiration of any appeal period for a determined matter, or if proceedings are not commenced, as soon as practicable.

(2) Notwithstanding subregulation (1), a court, on the application of any person, may make specific orders regarding –

(a) the return of seized property; or

(b) the forfeiture of seized property to the Crown.

PART 5 - CONDUCT AND DISCIPLINE

Additional disciplinary offences

29. In addition to the disciplinary offences set out under the Act or any other Act, a police officer, authorised officer or recruit shall be guilty of a major disciplinary offence if he or she, without lawful excuse –

(a) uses a police vehicle, without appropriate authority, for private purposes or for purposes other than carrying out police duties and responsibilities, or

(b) uses his or her position as a police officer to request, solicit or accept any money, gift, gratuity or other benefit for themselves or any other person.

Disciplinary tribunal

30. (1) A disciplinary tribunal appointed by the Commissioner may consist of –

(a) 1 member sitting alone of higher rank than the officer charged; or

(b) a panel of 3 members of higher rank than the officer charged.

(2) The Commissioner may make orders setting out the circumstances for determining a disciplinary offence by –

(a) an officer in command;

(b) a Disciplinary Tribunal;

(c) a Provincial Police Commander;

(d) the Director for Professional Standards and Internal Investigations Unit; or

(e) the Commissioner.

Procedure for disciplinary inquiries

31. When an inquiry into an offence against discipline is held under section 127 of the Act, the following procedures shall be followed –

(a) the officer charged with a disciplinary offence must be given a copy of the charge and any documentary evidence to be used in the proceedings at least 14 days prior to the hearing;

(b) the oral evidence of any witness given during the course of the proceedings must be given in the presence of the accused;

(c) the oral evidence of any witness given during the course of the proceedings must be recorded in full or summary form either in writing or by a recording device or other method in accordance with the Commissioner's Orders;

(d) the officer charged with the disciplinary offence may cross-examine any witness giving evidence against him or her after the witness has given the evidence; and

(e) the officer charged with the disciplinary offence must be given the opportunity to give evidence in his or her own defence and to call witnesses if he or she chooses to do so.

PART 6 - FIRE AND RESCUE SERVICE

Risk abatement order

32. The risk abatement order served pursuant to Part 6 of the Act shall be in the form provided in Part 5 of Schedule 4.

Objection to risk abatement order

33. Any person may, if he or she wishes, lodge an objection to the order made under regulation 33 in the form provided in Part 6 of Schedule 4 if he or she owns or occupies the premises for which the order is served.
Fees for fire and rescue service work

34. Fees for fire compliance inspections, risk abatement work and provision of first aid training shall be charged at the rates set out in Schedule 3.

PART 7 - POLICE MARITIME DIVISION

Use of weapons on patrol boats

35. (1) The Commissioner, by order, shall authorize and regulate the use of any weapons on police vessels.

(2) Any police officer using a police weapon on a police patrol boat must do so in compliance with the Commissioner's Orders.

(3) Any police officer using a police weapon on a patrol boat must submit a report as soon as practicable in accordance with the Commissioner's Orders.

PART 8 - EXTERNAL RELATIONSHIPS

Deployment of officers for service outside Solomon Islands

36. Upon authorization by the Commissioner, a police officer may engage in overseas operations in accordance with the provisions of the Police (Overseas Service) Regulations 2013.

PART 9 - OFFENCES

False information for search warrant

37. A police officer who, or in connection with an application for a search warrant, gives information to a magistrate that he knows to be false or misleading in a particular material commits an offence and is liable on conviction to a penalty of 5,000 penalty units or to 6 months' imprisonment.

False information for surveillance device warrant

38. A police officer who, or in connection with an application for a surveillance device warrant, gives information to a principal magistrate or judge that the person knows to be false or misleading in a material particular commits an offence and is liable to a penalty of 10,000 penalty units or to 12 months' imprisonment.

Failure to produce driving licence or vehicle registration documents

39. A person who fails to comply with a lawful direction by a police officer to produce a driver's licence, vehicle registration documents or other documents relating to road transport activities commits an offence and is liable on conviction to a maximum penalty of 1,000 penalty units or to 1 month imprisonment.

PART 10 – MISCELLANEOUS

Definition of "Royal Solomon Islands Police Force Band" same as in the Act

40. In this Part, "Royal Solomon Islands Police Force Band" means the body established by section 203 of the Act.

Non-liability for loss during special police services

41. The Government, the Commissioner or the Royal Solomon Islands Police Force shall not be subject to any action, claim or demand for any loss or damage to property during the performance of special police services under section 215 of the Act.

Fees for special police services

42. Fees for special police services under section 215 of the Act shall be charged at the rates set out in Schedule 3.

Fees for Royal Solomon Islands Police Force Band

43. Fees for the Royal Solomon Islands Police Force Band shall be charged at the rate set out in Schedule 3.

SCHEDULE 1
(regulation 3)

CODE OF CONDUCT FOR ROYAL SOLOMON ISLANDS POLICE OFFICERS AND SPECIALIST STAFF

RESPECT FOR ALL HUMAN LIFE

1. Respect for human rights

In the performance of their duties, police officers shall respect and protect human dignity and maintain and uphold all human rights for all persons.

2.No discrimination

Police officers shall treat all persons fairly and equally and avoid any form of discrimination.

3. Use of force

Police officers may only use force when strictly necessary and to the extent required for the performance of their duties adhering to the law of Solomon Islands and Commissioner's Orders.

4. Torture, cruel, inhuman or degrading treatment

No police officer, under any circumstances, shall inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment to any person.

5. Protection of persons in custody

Police officers shall ensure the protection of the health of persons in their custody and, in particular, shall take immediate action to secure medical attention whenever required.

6. Victims of crime

All victims of crime shall be treated with compassion and respect. Police officers shall ensure that proper and prompt aid is provided where necessary.

RESPECT FOR THE LAW

7. Respect for the rule of law and code of conduct

Police officers shall respect and uphold the rule of law and the Code of
Conduct.

INTEGRITY

8. Trustworthiness

The public demands that the integrity of police officers be above reproach. Police officers shall, therefore, behave in a trustworthy manner and avoid any conduct that might compromise integrity and undermine the public confidence in the RSIPF.

9. Corruption and abuse of power

Police officers shall not commit or attempt to commit any act of corruption or abuse power. They shall rigorously oppose and combat all such acts.

Police officers shall not accept any gifts, presents, subscriptions, favours, gratuities or promises that could be interpreted as seeking to cause the police officer to refrain from performing official responsibilities honestly and within the law.

SERVICE EXCELLENCE

10. Performance of duties

Police officers shall at all times fulfill the duties imposed upon them by law, in a manner consistent with the high degree of responsibility and integrity required by their profession.

11. Professional conduct

Police officers shall ensure that they treat all persons in a courteous manner and that their conduct is exemplary and consistent with the demands of the profession and the public they serve.

12. Confidentiality

Matters of a confidential nature in the possession of police officers shall be kept confidential, unless the performance of duty and need of justice strictly require otherwise.

RESPECT FOR PROPERTY RIGHTS

13. Property rights

In the performance of their duties police officers shall respect and protect all property rights. This includes the economical use of public resources.

__________________________________

SCHEDULE 2
(regulation10)

SPECIAL ALLOWANCES

_____________________

SCHEDULE 3
(regulations 34, 42 and 43)

SCALE OF FEES FOR SPECIAL POLICE SERVICES

_____________________

SCHEDULE 4

PART 1 - APPLICATION FOR SEARCH WARRANT
(regulation 24(1))

SOLOMON ISLANDS
IN THE MAGISTRATE'S COURT

Criminal Case No: CRC / CMC

I, (Insert your name and rank) of (Insert your station, post, division or unit), Royal Solomon Islands Police Force, apply for a Search Warrant to enter and search the premises/vehicle/vessel/aircraft at (description of the place to be searched)

I swear/ affirm that:

The occupier of the place is (insert name if known)

I have reasonable grounds to suspect that the place contains evidence of the commission of the offence of (insert details of the offence)

I have reasonable grounds to suspect that the following items or things will be on the premises (list and describe the thing/s to be searched for)

I rely on the following grounds to support this application:

(Set out a summary of the information or evidence that is being relied upon to support the suspicion on reasonable grounds that the place contains evidence of the commission of the offence).

Sworn
This (Insert date) day of (Insert month and year)

Before me:

____________________ Magistrate.

_______________________

PART 2 - SEARCH WARRANT
(regulation 24(2))

SOLOMON ISLANDS
IN THE HONIARA MAGISTRATE'S COURT

Criminal Case No: CRC / MC

To: All Police Officers within the Solomon Islands.

(Insert Your Rank and Full Name) of (Insert Name of Police Station, post. division or unit),

has this day made on Oath before the court that he/she has reasonable grounds to suspect that;

(list and describe the thing/s being searched for)

is/are in the following place:

(description of the place to be searched)

And it is appears to this court that (according to reasonable suspicion) the said thing/s or some of them are located as stated. You are therefore hereby authorised and commanded in her Majesty's name, with proper assistance, by day to enter the said

(Insert name of place).

if necessary by force, and there diligently to search for the said thing/s, and if the same or any there of are found on search, to bring the things so found before this Court, to be dealt with according to the law.

Dated at Honiara this (Insert date) day of (Insert month and year)

_______________________________
Magistrate

This warrant may be executed during the hours of darkness.

________________________________
Magistrate

___________________________

PART 3 - APPLICATION TO USE SURVEILLANCE DEVICE
(regulation 25(1))

SOLOMON ISLANDS
IN THE MAGISTRATE'S COURT

Criminal Case No: CRC / CMC

I, (Insert your name and rank) of (Insert your station, post, division or unit), Royal Solomon Islands Police Force, apply for a Warrant to Use Surveillance Device in or on the place: (insert details of the place)

I apply for a warrant to use the following surveillance device/s: (insert description of device/s to be used)

I swear/ affirm that:

The occupier/s of the place is/are (insert name if known)

1. I have reasonable grounds to believe that the place contains, or will contain within 7 days, a person or persons that have committed, are committing, or are about to commit a serious offence (insert details of the person/s and the offence)

2. The surveillance device will/will not affect the privacy of a person or persons not connected with the offence in the following manner: (list any persons who will be subject of the surveillance and give details of the extent to which their privacy will be affected)

3. I have reasonable grounds to suspect that the following information or evidence will be obtained by the device. (describe information or evidence sought to be obtained)

4. I rely on the following grounds to support this application:

(Set out a summary of the information or evidence that is being relied upon to support the belief on reasonable grounds that the device is necessary to obtain the evidence sought).

5. No other surveillance device warrant has been sought or issued for this offence.
or (strike out one statement)
A previous surveillance device warrant for this offence was issued on (date of Issue) by (Issuing Magistrate) and the following evidence was obtained ( describe the device, circumstances for the use and the evidence obtained)

Sworn
This (Insert date) day of (Insert month and year)

Before me:

____________________
Principal Magistrate/Judge

____________________________

PART 4 – WARRANT TO USE SURVEILLANCE DEVICE
(regulation 25(2))

SOLOMON ISLANDS
IN THE HONIARA MAGISTRATE'S COURT/HIGH COURT

Criminal Case No: CRC / MC

To: All Police Officers within the Solomon Islands.

(Insert Your Rank and Full Name) of (Insert Name of Police Station, post. division or unit),

has this day made on Oath before the court that he/she has reasonable grounds to believe that the following place:

(insert details of the place )

contains a person or persons that have committed, are committing or are about to commit a serious offence, namely:

(details of the person/s and the offence)

And it is appears to this court that there are reasonable grounds for the belief and that the use of (insert details of surveillance device/s) will provide evidence of the offence as stated. You are therefore hereby authorised and commanded in her Majesty's name, with proper assistance, to enter the said place, install, maintain or remove the said device/s and to bring any evidence obtained before this Court, to be dealt with according to the law.

Dated at Honiara this (Insert date) day of (Insert Month and year)

_______________________________
Principal Magistrate/Judge

________________________

PART 5 - RISK ABATEMENT ORDER
(regulation 32)

I, (insert name of Director)

Director of the Fire and Rescue Service, hereby order you,

(insert name of owner or occupier)

the owner/occupier of the premises at:

(address or description of premises)

to take the following measures to prevent the danger to life and property from the threat of fire or other emergency:

(List actions to be taken by owner /occupier)

The abatement action must be completed by (date for completion of measures listed above)

If you fail to take abatement action in accordance with this notice, you are committing an offence and are liable for prosecution. In addition, the Solomon Islands Fire and Rescue Service will undertake the necessary abatement work and you will be liable for any costs incurred in abating the risk.

Dated at Honiara this (day) of (month and year)

____________________________
Director Fire and Rescue Service

____________________

PART 6 - OBJECTION TO RISK ABATEMENT ORDER
(regulation 33)

To the Director, Fire and Rescue Service

I, (name of owner/occupier)

am the owner/occupier of the premises at:

(address or description of premises)

I was served with a Risk Abatement Order dated (date of order).

I wish to lodge an objection to the Risk Abatement Order on the following grounds:

(List grounds of objection)

_______________________

(Signature of owner/occupier)

_____________________

MADE IN HONIARA this ......................day of ............... 2013

..................................................

CHRIS LAORE
MINISTER FOR POLICE, NATIONAL SECURITY AND CORRECTIONAL SERVICES