18
CAP. 4.41
Electronic Crimes Act
LAWS OF SAINT CHRISTOPHER
AND NEVIS
Revision Date: 31 Dec 2017
(a) the technical means used and time and date of the application;
(b) the identification of the computer system and details of the
modifications undertaken within the investigation;
(c) any information obtained.
(5) Information obtained by the use of the software shall be protected against
any modification, unauthorised deletion and unauthorised access.
(6) The duration of authorisation granted pursuant to the provisions of
subsection (1) shall be for a period of three months, and if the conditions of the
authorisation are no longer met, the action taken shall stop immediately.
(7) For the purposes of this section, the authorisation to install the software
includes remotely accessing the suspect’s computer system.
(8) If the installation process requires physical access to a place the
requirements of section 18 shall be fulfilled.
(9) If necessary, a police officer may, pursuant to the authorisation under
subsection (1), request that the court order an internet service provider to support the
installation process.
Disclosure of details of an investigation.
25. An internet service provider who receives an order related to a criminal
investigation that explicitly stipulates that confidentiality is to be maintained or such
obligation is stated by law and such internet service provider intentionally, without
lawful excuse or justification or in excess of a lawful excuse or justification,
discloses—
(a) the fact that an order has been made;
(b) anything done under the order; or
(c) any data collected or recorded under the order,
the internet service provider commits an offence, and shall be liable, on summary
conviction, to a fine not exceeding ten thousand dollars.
(Inserted by Act 26 of 2012)
Evidence.
26. Notwithstanding the provisions of any Act to the contrary, any electronic
evidence that is collected pursuant to this Act shall be treated in the same manner as
evidence that is non-electronic.
*
Arrest without warrant.
27. A police officer may arrest without warrant any person reasonably suspected
of committing an offence under this Act.
Regulations.
28. The Minister may generally make regulations to give effect to the provisions
of this Act.
(Inserted by Act 26 of 2012)
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*
Act 26 of 2012 renumbered original sections 20 and 21 as sections 26 and 27.