Who may order an inspection, seizure or search in a family protection case, and which procedural rules govern it?
General information · Not legal advice
Material to check
In a practice file of this kind we read the petition or application that first put the facts before the court, the court's own record showing which judge authorised the inspection, seizure or search and on what grounds, and the inventory or receipt listing what was taken, since the provision turns on the court acting in the family protection case.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision at its word: the court may conduct an inspection, seizure or search in a family protection case, and in doing so the court applies, mutatis mutandis, those provisions of the Criminal Procedure Act that govern the court's inspection, seizure and search.
Another reading stresses the limit the second paragraph attaches: those provisions of the Criminal Procedure Act apply only 'within the scope not contrary to the nature of a family protection case', and the provision does not identify which of them survive that limit, so the character of the matter itself determines how far the borrowed rules reach.
Your judgment
Which of the Criminal Procedure Act's provisions on the court's inspection, seizure and search applied here goes beyond what the nature of this family protection case permits?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change which body may act or to name the provisions applied, or if a court decision sets out which provisions of the Criminal Procedure Act may be applied in a family protection case.