If I am being searched, do I have the right to watch the police while they are searching?

In Plain English

Generally, if police are searching your premises with a warrant and you are the occupier (or represent the occupier) and are present, you have the right to watch the search as it's happening. However, this right can be taken away if you interfere with the search. Also, the police are allowed to search different areas of the premises at the same time.

Detailed Explanation

Several pieces of legislation discuss the right of an occupier to be present during a search.

• Defence Act 1903 (docid=9): Section 51C(1) states that if the occupier of premises described in a search authorisation, or another person who apparently represents the occupier, is present when a search is carried out, that person is entitled to observe the search. However, section 51C(2) clarifies that this entitlement ceases if the person impedes the search. Section 51C(3) also notes that the section does not prevent multiple areas of the premises being searched simultaneously.
• Mutual Assistance in Criminal Matters Act 1987 (docid=4): Section 38Q(1) states that if a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the person is entitled to observe the search being conducted. Section 38Q(2) states that the right to watch the search being conducted ceases if the person impedes the search. Section 38Q(3) states that this section does not prevent 2 or more areas of the premises being searched at the same time.
• International War Crimes Tribunals Act 1995 (docid=5): Section 61(1) states that if a warrant in relation to premises is being executed and the occupier of the premises or another person who apparently represents the occupier is present at the premises, the person is entitled to observe the search being conducted. Section 61(2) states that the right to observe the search being conducted ceases if the person impedes the search. Section 61(3) states that this section does not prevent 2 or more areas of the premises being searched at the same time.
• Defence Trade Controls Act 2012 (docid=8): Section 47(1) states that if an authorised officer enters premises under section 41 and the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the occupier or other person is entitled to observe the search being conducted. Section 47(2) states that the right to observe the search being conducted ceases if the occupier or other person impedes the search. Section 47(3) states that this section does not prevent 2 or more areas of the premises being searched at the same time.