PART 4 PROCEDURES (d) a description of the nature of the data storage medium, computer network, computer system or suspected to be evidential material; and © the information relied on to support the reasonable suspicion that evidence on the commission of an offence: ® @ is in or under the control of the person or at the place when the computer warrant is executed; or (if) _is likely to be in or under the control of the person or at the place when the computer warrant is executed; and if a computer warrant was issued previously in relation to the person or place; and (g) if authority to execute the computer warrant at night is being sought, why it is necessary to execute the computer warrant at night; and {h) the period the computer warrant is required, 40 (1) Granting of computer warrant The Court may grant a computer warrant if the Court is satisfied with the application of the authorised officer made under section 39. (2) Without limiting subsection (1), prior to granting a computer warrant, the Court must consider the following: @) the seriousness of the offence to which the criminal investigation or proceeding relates; and {b) the reliability of the information on which the application is based, (©) whether the public interest in the production of data from the computer system or data storage medium outweighs the right to privacy of a person whose privacy may be affected as a result of the production; and including the nature of the source of the information; and 2 fd) & whether there is sufficient connection between .the.ciidence sought and the offence to which the criminal investigation or proceeding relates; and Cybererime Act No, 22 of 2021 33

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