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Termination of interception direction, etc

Cap. 229:01, s. 10 · Revised Edition 2020

(1) A Judge who issued an interception direction or an entry warrant, or if he is not available, any other Judge entitled to issue such an interception direction or entry warrant pursuant to section 5 or 9 of this Act may– (a) terminate the interception direction or the entry warrant, ifInterception of Communications[CAP. 229:01 27 (i) the authorised officer fails to submit a report in accordance with section 12; or (ii) the Judge upon receipt of a report submitted pursuant to section 12 of this Act is satisfied that the objectives of the interception direction or the entry warrant, have been achieved, or the grounds on which the interception direction or the purpose for which the entry warrant was issued, has ceased to exist; or (b) terminate the entry warrant and make an order affirming the interception direction if the application for the interception direction and the entry warrant are related and he is satisfied that the interception of communications can be obtained by use only of the interception (2) Where a Judge terminates an interception direction or an entry warrant pursuant to sub-section (1) of this section, he shall forthwith in writing inform the authorised officer concerned of the termination. (3) Where an interception direction issued in accordance with this Act is terminated in accordance with sub-section (l)(a)(i) of this section– (a) the contents of any communication intercepted under that direction shall be inadmissible as evidence in any criminal proceedings or civil proceedings which may be contemplated, unless the Court is of the opinion that the admission of such evidence would not render the trial unfair or otherwise detrimental to the administration of justice; or 28 [CAP. 229:01Interception of Communications (b) any postal article that was taken into possession under that direction shall be dealt with in accordance with section 16(3) of this Act. (4) Where an entry warrant is terminated in accordance with this section, the authorised officer shall, within a period of two weeks, after having been informed of the termination, remove or cause to be removed from the premises to which the entry warrant relates, any interception device which was installed pursuant to the entry warrant. (5) Where an interception direction has been terminated pursuant to this section, an entry warrant issued pursuant to the interception direction shall also be deemed to be terminated.

Amended by: 20 of 2013

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