Ex-parte application for Search and Seizure Warrant

(1) The Director of Public Prosecutions or Head Prosecution Branch may in the prescribed form, make an ex-parte 26 (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) that there is reasonable grounds for suspecting that– (aa) an offence under this Act or any other law has been or is about to be committed, in a specified place; and (bb) evidence that the offence has been or is about to be committed, is in the specified place; (iii) the facts or allegations giving rise to the application, including the alleged (iv) sufficient information for the Court to make a determination on whether to grant or refuse the application; (v) the ground on which the application is made; (vi) 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 27 the premises at, which the traffic 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 duration of the Search and (vii) where applicable– (aa) whether investigative procedures were applied and whether they failed to produce the required evidence; or (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; (viii) the requested duration of the Search (ix) whether any previous application was made for a Search and Seizure Warrant in respect of the person, facility or premises, and the status of that other application; (x) where applicable, a description of the computer system to be targeted; and (xi) any other relevant directives issued by a Court in relation to the matter. 28 (3) A Search and Seizure Warrant shall specify the place, or evidence to which it relates and authorise a police officer, with any assistance as the police officer deems necessary, to– (a) enter and search any place; or (b) to access, seize and secure any evidence, including any computer system or computer data. (4) A police officer who executes a Search and Seizure Warrant under this section shall, secure the computer system or data and maintain the integrity of the data seized. (5) In addition to any powers of a Search and Seizure Warrant under this section, a police officer when executing a Search and Seizure Warrant, has the following additional powers including– (a) to activate an onsite computer system; (b) inspect and check the operation of a computer system or computer data; (c) to make and retain a copy of computer data; (d) to remove computer data from a computer system or render the computer system inaccessible; (e) to take a printout of computer data; or (f) to impound or similarly secure a computer system or any part of the system. (6) Any evidence seized under a Search and Seizure Warrant, including any computer system or data shall be valid for a period of ninety days and may, on an application to a Judge 29 in Chambers, be extended for a further period of not more than one year. (7) Upon the expiration of the period stated under sub- section (6), or when the evidence seized is no longer required, the evidence shall immediately be returned to the person to whom the Search and Seizure Warrant was addressed. (8) 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 search and seizure warrant, shall not require the grounds under section 22(1)(a). (9) Where a Search and Seizure Warrant is based on the ground of national security, the application shall be accompanied by written authorisation by Minister.