Application for interception direction, etc

(1) An authorised officer who wishes to obtain an interception direction pursuant to the provisions of this Act shall request the Director of Public Prosecutions or the Director of the Financial Intelligence Unit to make an application ex parte to a Judge in chambers on his behalf. (2) An application referred to in sub-section (1) of this section shall be in the prescribed form and shall be accompanied by an affidavit deposing the following, (a) the name of the authorised officer on behalf of whom the application is made; (b) the facts or allegations giving rise to the (c) sufficient information for a Judge to issue an (d) the ground referred to in section 6 (1) of this Act on which the application is made; (e) full particulars of all the facts and the circumstances alleged by the authorised officer on whose behalf the application is made including– (i) if practical, a description of the nature and location of the facilities from which or the at which the communication is to be intercepted; and (ii) the basis for believing that evidence relating to the ground on which the 18 [CAP. 229:01Interception of Communications application is made will be obtained through the interception; (f) if applicable, whether other investigative procedures have been applied and failed to produce the required evidence or the reason why other investigative procedures reasonably appear to be unlikely to succeed if applied, or are likely to be too dangerous to apply in order to obtain the required evidence; (g) the period for which the interception direction is required to be issued; (h) whether any previous application has been made for the issuing of an interception direction in respect of the same person, the same facility or the same premises specified in the application and, if such previous application exists, shall indicate the current status of that application; and (i) if applicable, a description of the communication equipment to be intercepted; (j) any other directives issued by the Judge. (3) Sub-section (2)(d) of this section, shall not apply in respect of an application for the issuing of an interception direction on a ground referred to in section 6(1) (a) of this Act, if a serious offence has been or is being or will probably 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. (4) Where an interception direction is applied for on the grounds of national security, the application from the authorised Interception of Communications[CAP. 229:01 19 officer shall be accompanied by a written authorisation signed by the Minister authorising the application on that ground. (5) Subject to sub-section (6) of this section, the records relating to an application for an interception direction or the renewal or modification thereof shall be– (a) placed in a packet and sealed by the Judge to whom the application is made immediately on determination of the application; and (b) kept in the custody of the court in a place to which the public has no access or such place as the Judge may authorise. (6) The records referred to in sub-section (5) of this section may be opened if a Judge so orders only– (a) for the purpose of dealing with an application for further authorisation; or (b) for renewal of an authorisation.