Jurisdiction
31. (1) A court in Saint Vincent and the Grenadines has jurisdiction in respect of an offence under this Act
where the act constituting the offence is carried out –
(a) wholly or partly in Saint Vincent and the Grenadines;
(b) wholly or partly on board a vessel or aircraft registered in Saint Vincent and the Grenadines;
(c) wholly or partly outside Saint Vincent and the Grenadines, by a citizen of Saint Vincent and the
Grenadines or body corporate incorporated under the laws of Saint Vincent and the Grenadines; or
(d) wholly or partly outside Saint Vincent and the Grenadines, by a person other than a citizen if the
person’s conduct would also constitute an offence under a law of the country where the offence
was committed.
(2) For the purposes of subsection (1) (a), an act is carried out in Saint Vincent and the Grenadines if –
(a) the person is in Saint Vincent and the Grenadines at the time the act is committed;
(b) a computer system located in Saint Vincent and the Grenadines or computer data on a computer
data storage medium located in Saint Vincent and the Grenadines is affected by the act; or
(c) the effect of the act, or the damage resulting from the act, occurs within Saint Vincent and the
Grenadines.
Offence by body corporate
32. Where a body corporate commits an offence under this Act and a court is satisfied that a director, manager,
secretary or other similar officer of the body corporate or, or any person who purports to act in such capacity –
(a) connived in or consented to the commission of the offence; or
(b) failed to exercise due diligence to prevent the commission of the offence,
the director, manager, secretary or other similar officer or person purporting to act in that capacity also commits the
offence.
Search and seizure
33. (1) A Judge, if satisfied on the basis of an affidavit that there is reasonable ground to believe that there is
in a place an apparatus or computer data –
(a) that may be material as evidence in proving an offence under this Act; or
(b) that has been acquired by a person as a result of an offence under this Act;
may issue a warrant authorizing a police officer, with such assistance as may be necessary, to enter the place to
search for and seize the apparatus or computer data.
(2) If the police officer who is undertaking a search under this section has reasonable grounds to believe
that –
(a) the computer data sought is stored in another computer system; or
(b) part of the computer data sought is in another place in Saint Vincent and the Grenadines
and that such computer data is lawfully accessible from or available to the first computer system, the police officer
may extend the search and seizure to the other computer system.
(3) In the execution of a warrant under this section, a police officer may, in addition to the powers
conferred on him by the
warrant –
(a) activate an onsite computer system or computer data storage medium;
(b) make and retain a copy of computer data;