(a) is reasonably required for the purpose of a criminal investigation or criminal
proceedings which may be material as evidence in proving a specifically
identified offence; or
(b) has been acquired by a person as a result of the commission of an offence,
the judge may issue a warrant authorising a police officer or other authorised person,
with such assistance as may be necessary, to––
(i) seize or similarly secure the specified computer system, program, data or computer
data storage medium;
(ii) inspect and check the operation of any computer system to which the warrant issued
under this section applies;
(iii) require any person, other than the suspect, possessing knowledge about the
functioning of the computer system or measures applied to protect the computer
data therein to provide, as is reasonable, the necessary computer data or
information, to enable the police officer or other authorised person in conducting
such activities as authorised under this section;
(iv) require any person, other than the suspect, in possession of decryption information
to grant him access to such decryption information necessary to decrypt data
required for the purpose of the warrant issued under this section; or
(v) provide the police officer or other authorised person with such reasonable technical
and other assistance as the police officer or other authorised person may require for
the purposes of the warrant issued under this section.
(2) When making an application under subsection (1), the police officer or other authorised
person must provide the following substantive grounds––
(a) reasons as to why the material sought will be found on the specified computer
system, program, data or computer data storage medium to be searched;
(b) identify and specify the type of evidence suspected to be found on the premises;
and
(c) the measures to be taken to prepare and ensure that the search and seizure is carried
out through technical means such as mirroring or copying of relevant data and not
through physical custody of computer system, program, data, computer data
storage medium.
(3) Where a police officer or other authorised person under this Act is permitted to search
or similarly access a specified computer system, program, data, or computer data storage
medium, under subsection (1), and has grounds to believe that the data sought is stored in
another computer system, and such data is lawfully accessible from or available to the initial
system, the police officer or other authorised person may extend the search or similar accessing
to such other system or systems.
(4) Seized computer data may be used only for lawful purposes, being the purpose for which
it was originally obtained, or to enforce the criminal law.
(5) The police officer or other authorised person must––
(a) only seize a computer system under subsection (1) when––
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