§ '. — (1) Documents or property (including contraband) found as a result of a search of a person or premises conducted by a constable or a person other than a constable who is charged with the duty of investigating offences or charging offenders shall not be given in evidence unless the prosecution prove beyond a reasonable doubt that the search and seizure were conducted under powers provided in this Act or elsewhere by statute which were properly authorised and properly executed.
§ (2) In deciding whether a power was properly authorised and properly executed the court shall consider the factual basis required for the authorisation or exercise of that power
- (a) such consideration will be made de novo and without regard to the decision made by the person who authorised the serach,
- (b) such consideration will be made only of the evidence that was available at the time of the authorisation.
§ (3) Where property or documents are seized by a person acting at the request of the police or other agency with a duty to investigate offences and charge offenders it shall be treated as seized by the police or by such agency, as appropriate.'.