Ex-parte application for Production Order

(1) The Director of Public Prosecutions or Head Prosecution Branch may, in the prescribed form, make an ex-parte application to the Court for a Production Order. (2) An application under sub-section (1), shall be accompanied by an affidavit in support and attested to by the investigating police officer declaring the following– (a) the name of the investigating police officer; (b) the facts or allegations giving rise to the application, including the alleged offence; (c) full particulars of all facts and circumstances alleged by the applicant, including– (i) where practical, a description of the nature and location of the facilities or computer from, or the premises at, which the application relates; and (ii) the basis for believing that evidence relating to the ground on which the application is made will be obtained if the Production Order is granted; (d) where applicable– (i) whether investigative procedures were applied and whether they failed to produce the required evidence; or (ii) the reason why any other investigative procedures may be unlikely to succeed if applied, or are likely to be too 34 dangerous to apply in order to obtain the required evidence; (iii) the requested duration of the Order; (iv) whether any previous application was made for a Production Order in respect of the same person, facility or premises, and the status of that other application; and (v) any other relevant directives issued by a Court in relation to the matter. (3) A Court shall issue a Production Order, where it is satisfied that computer data or traffic data, a printout or other information is reasonably required for the purpose of a criminal investigation or criminal proceedings under this Act or any other law. (4) A Production Order may direct– (a) a person in Belize who is in possession or control of a computer system or computer data storage medium, to produce, from the computer system or computer data storage medium, specified computer data or a printout or other intelligible output of the computer data; or (b) a service provider in Belize to produce traffic data relating to information transmitted from a subscriber through a computer system or from relevant or information about a person who uses the service, and give it to a specified person within a specified period. 35