Ex-parte application for Remote Forensic Tools Order

(1) The Director of Public Prosecutions may, in the prescribed form, make an ex-parte application to the Court for a Use of Remote Forensic Tools 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— 36 (a) the basis for the application, including that it is the interest of– (i) national security; (ii) public safety; (iii) public health; (iv) public order; (v) child luring or pornography; (vi) human trafficking; (vii) slavery; or (viii) giving effect to the requirements of a mutual legal assistance request where the alleged offence is an offence under the laws of Belize. (b) the name, and where possible, the address, of the person who is suspected of committing the alleged offence; (c) a description of the targeted computer system; (d) a description of the required tool, the extent and duration of its utilisation; and (e) the reason for the use of the tool. (3) A Court shall issue a Use of Remote Forensic Tools Order, where it is satisfied that computer data that is reasonably required for the purpose of a criminal investigation or criminal proceedings under this Act or any other law cannot be collected without the use of the Use of Remote Forensic Tools Order. 37 (4) On an application under sub-section (1), the Court may order that a person or a service provider support the installation of the remote forensic tool. (5) A Use of Remote Forensic Tools Order shall be in relation to the following only– (a) modifications to a computer system shall be limited to those that are necessary for the investigation; and (b) modification to a computer system shall be done, so far as possible, after the investigation. (6) A police officer who executes a Use of Remote Forensic Tools Order as soon as possible after execution, prepare a record of– (a) the remote forensic tool used; (b) the time and date the remote forensic tool was used; (c) the identification of the computer system and details of the modification undertaken; and (d) the information obtained. (7) A police officer who executes a Use of Remote Forensic Tools Order shall ensure that any information obtained by the utilisation of the remote forensic tool is protected against modification, unauthorised deletion and unauthorised access. (8) A Use of Remote Forensic Tools Order shall cease to apply where– (a) the computer data sought is collected; 38 (b) there is no longer any reasonable ground for believing that the computer data sought exists; or (c) the conditions of the authorisation are no longer present. (9) For the purposes of this section, “remote forensic tool” means an investigative software or hardware installed on or attached to a computer system that is used to perform a task.