Cybercrime Code
(2)
Where it appears to a Magistrate, by information on oath, that there are reasonable grounds for
suspecting that there is, in a private place, a data or thing that may provide evidence of the commission of an
offence, he may issue a warrant directing a member of the Police Force named in the warrant, or all
members of the Police Force to search the private place and to seize any such data or thing and take it before
a Magistrate to be dealt with according to law.
(3)
A warrant under Subsection (2) must be executed by day unless, by the warrant, the Magistrate
specifically authorises it to be executed by night.
(4)
Any data or thing seized under Subsection (2) may be detained by a Magistrate, and when it is no
longer required as evidence, it may be destroyed under an order of a Magistrate.
33.
SEARCH
POWERS.
In addition to the powers under the Search Act (Chapter 341), where a member of the Police Force
suspects, on reasonable grounds, that a thing may provide evidence of the commission of an offence, he
may, in executing a warrant, exercise the following powers:
(a)
operate the electronic system or device, or direct an occupant of the private place to operate
the electronic system or device in order to determine whether it contains data or a thing that
(6)
(c)
(d)
(e)
could be seized;
copy the data or thing that could be seized to a storage device and take the storage device from
the place; or
copy the data or thing that could be seized in documentary form and seize the produced
documents;
(g)
34.
or
move any electronic system or device, or thing, at the place subject of the search, to another
place for examination in order to determine whether it contains data that could be seized if (i)
it is significantly more practicable to do so having regard to the task it will take to
copy the data and the availability of the technical expertise that will be required to
(ii)
(f)
or
operate the electronic system or device, or direct an occupant of the private place to operate
the electronic system or device to access data (including data stored on a separate storage device
or data not held at the private place) or thing if the member of the Police Force believes, on
reasonable grounds, that the data or thing might be data or thing that could be seized; or
do so; and
there are reasonable grounds to suspect that the electronic system or device, or thing
contains data that could be seized; or
do anything reasonably necessary to prevent loss, destruction or damage to anything connected
with the offence;
or
use other members of the Police Force or other persons authorised under the warrant as
reasonably necessary for the search.
ASSISTANCE.
A member of the Police Force may, upon production of a search warrant obtained under Sections 32
and 33, require a person who is not a suspect of an offence but is in possession or control of an electronic
system or device, data or thing that is reasonably required for the purposes of an investigation or
proceeding, to enable and assist him, if required, to —
(a)
(b)
(c)
(d)
access
obtain
use an
obtain
and use an electronic system or device, data or thing: or
and copy data; or
electronic system or device, or thing to make copies; or
an output from an electronic system or device, or thing in a format that can be read.
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