Commentary on Sections Part 8: Investigations Search and seizure warrants Section 353: Requirements where production order not available
513.Subsection (1)(b) refers to two sets of conditions for issuing a warrant in the absence of a production order. The first set of conditions (subsections (3) and (4)) might be satisfied, for example, where the person who owns the material is abroad and therefore it is not possible to communicate with that person. In such circumstances, it is clear that a production order in respect of that person would have no effect. The second set of conditions (subsections (5) to (9) might be satisfied where it is impossible to describe the material (for the purposes of a production order) and access will not be gained without a warrant (e.g. to the residence of the suspect).