Ex-parte application for Storage Direction

(1) The Director of Public Prosecutions or Head of Prosecution Branch may in the prescribed form, make an ex- parte application for a Storage Direction. (2) An application under sub-section (1), shall– (a) be accompanied by an affidavit in support and attested to by the investigating police officer declaring the following– (i) the name of the investigating police officer; (ii) the facts or allegations giving rise to the application, including the alleged (iii) sufficient information for the Court to make a determination on whether to grant or refuse the application; 23 (iv) the ground on which the application is made; (v) full particulars of all facts and circumstances alleged, including– (aa) where practical, a description of the nature and location of the facilities or computer from, or the premises at, which the are to be intercepted; and (bb) the basis for believing that evidence relating to the ground on which the application is made will be obtained during the life or period of the Storage (vi) where applicable– (aa) whether other investigative procedures were applied and whether they failed to produce the required evidence; (bb) the reason why any other investigative procedures may be unlikely to succeed if applied, or are likely to be too dangerous to apply in order to obtain the required evidence; (vii) the requested duration of the Storage 24 (viii) whether any previous application was made for a Storage Direction in respect of the person, facility or premises, and the status of that other (ix) where applicable, a description of the computer system to be targeted; and (x) any other relevant directives issued by a Court in relation to the matter. (3) Where a serious offence is being, has been or is likely to be committed for the benefit of, or at the direction of, or in association with, a person, a group of persons or syndicate involved in organised crime or groups classified as criminal gangs, an application for a Storage Direction, shall not require the grounds under section 22(1)(a). (4) Where a Storage Direction is based on the ground of national security, the application shall be accompanied by written authorisation by Minister. (5) Records relating to an application for a Storage Direction, renewal or modification of a Storage Direction, shall immediately upon the determination of the matter, be– (a) sealed by the Court; and (b) kept in the custody of the Court, in a place that is not accessible to the public, or in any other place as the Court determines fit. (6) The records under sub-section (5) may be unsealed upon an order by the Court for the following purpose only– (a) on an application for a further Storage Direction, in relation to the same matter; or 25 (b) for a renewal of a Storage Direction.