PART 4
PROCEDURES
A)
The authorised officer must a soon as practicable, after the granting of the
urgent computer warrant, send his or her application, in writing, to the
Court.
44
(1)
Granting of an urgent computer warrant
~The Court may grant an urgent computer warrant if the Court is satisfied
‘with the application of the authorised officer made under section 43.
(2)
Without limiting subsection (1), prior to granting an urgent computer
warrant, the Court must consider the following:
(a)
the urgency of the situation requiring an urgent computer warrant;
and
(b) __ the seriousness of the offence to which the criminal investigation
or proceeding relates; and
(c)
the reliability of the information on which the application is based,
(d)
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
(ec)
whether there is sufficient connection between the evidence sought
and the offence to which the criminal investigation or proceeding
relates; and
@
whether any condition should be included in the urgent computer
including the nature of the source of the information; and
warrant; and
45
(1)
(g)
the proposed duration of the urgent computer warrant; and
(h)
any other matters that the Court considers relevant,
Effects of a computer warrant and an urgent computer warrant
An authorised officer is authorised, under a computer warrant or an urgent
computer warrant granted under sections 40 and 44,to:
- $a)
_.Seiz
item that e.an
the authorised officer belieyes.on reasgnable
grounds to be:
(3)
evidential material in relation to an offence to which the
warrant relates; or
Cybererime Act No. 22 of 2021
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