16
CAP. 4.41
Electronic Crimes Act
LAWS OF SAINT CHRISTOPHER
AND NEVIS
Revision Date: 31 Dec 2017
Record of and access to seized data.
20. (1) If a computer system or computer data has been removed or rendered
inaccessible, following a search or a seizure under section 18, the person who made
the search shall, at the time of the search or as soon as practicable after the search—
(a) make a list of what has been seized or rendered inaccessible, with the
date and time of seizure; and
(b) give a copy of that list to—
(i) the occupier of the premises; or
(ii) the person in control of the computer system.
(2) Subject to subsection (3), on request, a police officer or another authorised
person shall—
(a) permit a person who had the custody or control of the computer
system, or someone acting on their behalf to access and copy
computer data on the system; or
(b) give the person a copy of the computer data.
(3) The police officer or another authorised person may refuse to give access
or provide copies if he or she has reasonable grounds for believing that giving the
access, or providing the copies—
(a) would constitute a criminal offence; or
(b) would prejudice—
(i) the investigation in connection with which the search was carried
out; or
(ii) another ongoing investigation; or
(iii) any criminal proceedings that are pending or that may be brought
in relation to any of those investigations.
Traffic data.
21. 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 person in control of the computer system disclose sufficient traffic data about a
specified communication to identify—
(a) the service providers; and
(b) the path through which the communication was transmitted.
Interception of electronic communications.
22. (1) If a magistrate is satisfied on the basis of an information on oath that there
are reasonable grounds to suspect that the content of electronic communications is
reasonably required for the purposes of a criminal investigation or criminal
proceedings, the magistrate may—
(a) order an internet service provider whose service is available in St.
Christopher and Nevis, through application of technical means, to
collect or record or to permit or assist competent authorities with the