Condition for issuance of entry warrant, etc

(1) An entry warrant shall not be issued by a Judge unless there exists with respect to the premises to which the application for an entry warrant relates, a related interception direction. (2) Where the Director of Public Prosecutions or the Director of the Financial Intelligence Unit– (a) makes an application for an interception direction on behalf of an authorised officer pursuant to section 5 of this Act, the Director of Public Prosecutions or the Director of the Financial Intelligence Unit may at the time of making the application, also apply to the Judge for the issuance of an entry warrant with respect to the premises to which the interception direction relates; or (b) made an application for an interception direction on behalf of an authorised officer pursuant to section 5 of this Act, the Director of Public Prosecutions or the Director of the Financial Intelligence Unit may, at any such stage after the issuance of the interception direction in respect of which such an application was made, but before the expiry of 24 [CAP. 229:01Interception of Communications the period or the extended period for which it has been issued, apply ex parte to a Judge for the issuance of an entry warrant with respect to the premises to which the interception direction relates. (3) Subject to section 10 of this Act, an application for an entry warrant referred to in sub-section (2) of this section, shall be in the prescribed form and shall, (a) be accompanied by an affidavit deposing the– (i) name of the authorised officer on behalf of which the application is made; (ii) premises in respect of which the entry warrant is required; and (iii) the specific purpose for which the application is made; (b) also contain, if the application is made in terms of sub-section (2) (b) of this section, proof that an interception direction has been issued, and an affidavit setting forth the results, if any, obtained in the concerned from the date of its issuance up to the date on which the application was made, or a reasonable explanation of the failure to obtain such results; (c) indicate whether any previous application has been made for the issuing of an entry warrant for the same purpose or in respect of the same premises specified in the application and, if such previous application exists, indicate the status of the previous application; and Interception of Communications[CAP. 229:01 25 (d) be accompanied by a written authorisation signed by the Minister where the application is made on the grounds of national security. (4) Subject to sub-sections (1) and (5) of this section, a Judge may upon an application made to him by the Director of Public Prosecutions or the Director of the Financial Intelligence Unit on behalf of an authorised officer, issue an entry warrant. (5) An entry warrant shall be issued if the Judge is satisfied, on the facts alleged in the application concerned that– (a) the entry into the premises is necessary for the purpose of intercepting a postal article or a communication on the premises; and (b) there are reasonable grounds to believe that it would be impracticable to intercept a postal article or under the interception direction concerned otherwise than by the use of an interception device on the premises or software on electronic equipment located on the premises. (6) An entry warrant– (a) shall be in the prescribed form; (b) shall contain the information referred to in sub-section (3) (a) (ii) and (iii) of this section; and (c) may contain conditions or restrictions relating to the entry upon the premises concerned as the Judge may consider necessary. (7) An entry warrant shall permit an authorised officer to enter upon the premises specified in the entry warrant for the 26 [CAP. 229:01Interception of Communications purposes of intercepting a postal article or a communication by means of an interception device or software. (8) An entry warrant shall expire when– (a) the period or the extended period for which the related interception direction concerned has been issued lapses; or (b) the interception direction to which it relates is terminated in accordance with section 10. (9) When an entry warrant has expired pursuant to sub- section (8)(a) of this section, the authorised officer on whose behalf the application was made or, if he is not available, any other authorised officer who would have been entitled to request the Director of Public Prosecutions or the Director of the Financial Intelligence Unit to make the application, shall, within two weeks after the date of expiry of the entry warrant, and without applying to a Judge for the issuing of a further entry warrant, remove, or cause to be removed, any interception device which has been installed and which, at the expiry date of the entry warrant, has not yet been removed from the premises concerned. (10) An entry warrant shall not be required by a public postal service or a service by means of a public or private communication network for the installation, maintenance, or operation of equipment of software required for the interception of communications or acquisition of protected information or traffic data as permitted under this Act.