LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2017 Electronic Crimes Act CAP. 4.41 15 (4) Where a police officer who is undertaking a search pursuant to the provisions of subsection (1) has reasonable grounds to believe that the computer data which is being sought is stored in another computer system or part of it is stored in Saint Christopher and Nevis, and such data is lawfully accessible from or available to the initial system, the police officer shall apply to the Magistrate in Chambers to expeditiously extend the search for the other computer system or the accessing of such system. (Inserted by Act 26 of 2012) (5) A person referred to in subsection (4) who fails, without lawful excuse or justification or in excess of a lawful excuse or justification, to permit or assist a police officer as required by the provisions of subsection (4) commits an offence, and shall be liable, on summary conviction, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year, or both. (Inserted by Act 26 of 2012) (6) Any person who obstructs the lawful exercise of the powers under subsection (2)(a) or who fails to comply with a request under subsection (2)(b) or (c) shall be guilty of an offence and shall be liable on conviction to a fine of ten thousand dollars or to imprisonment for a term of three years or to both such fine and imprisonment. (7) For the purposes of this section— “decryption information” means information or technology that enables a person to readily convert encrypted data from its unreadable and incomprehensible format to its plain text version; “encrypted data” means data which has been converted, scrambled or transformed, from its plain text version to an unreadable or incomprehensible format, regardless of the technique utilised for such conversion and irrespective of the medium in which such data occurs or can be found, for the purposes of protecting the content of such data; “plain text version” means original data before it has been converted transformed or scrambled, to an unreadable or incomprehensible format. (8) For the purposes of this Part, “authorised person” means a person who has the relevant training and skill in computer systems and who is authorised in writing by the Chief of Police. Order for production of data. 19. If a magistrate is satisfied on the basis of an ex parte application by a police officer that specified data stored in a computer system is reasonably required for the purpose of a criminal investigation or criminal proceedings, the magistrate may order that— * (a) a person in St. Christopher and Nevis in control of a computer system, produce from the system specified computer data or a printout or other intelligible output of that data; and (b) an internet service provider in St. Christopher and Nevis produce information about persons who subscribe to or otherwise use the service. * Act 26 of 2012 renumbered original sections 16 to 19 as sections 19 to 22.