CAP. 10.06 Section 9
Computer Crimes Act
commits an offence and shall be liable upon conviction to a fine not
exceeding $20,000 or imprisonment for a period not exceeding 4 years or to
both.
(2)
A person who possesses more than one item mentioned in subsection (1) (i)
or (ii), is deemed to possess the item with the intent that it be used by any
person for the purpose of committing an offence under sections 4, 5, 6, or 7 of
this Act.
PART III - PROCEDURAL POWERS
9
Search and seizure warrants
(1)
If a Magistrate is satisfied on sworn evidence that there are reasonable
grounds to suspect that there may be in a place a computer, computer system,
computer data or data storage medium which —
(a) may be material evidence in proving an offence; or
(b)
has been acquired by a person as a result of an offence,
the Magistrate may issue a warrant authorizing any police officer, with such
assistance as may be necessary, to enter the place to search and seize the
computer, computer system, computer data or data storage medium.
(2)
Any person who makes a search or seizure under this section shall at the time
or as soon as practicable —
(a)
make a list of what has been seized, with the date and time of seizure;
and
(b)
give a copy of that list to —
(i)
the occupier of the premises; or
(ii)
(3)
(4)
the person in control of the computer system.
Subject to subsection (4), on request, any police officer or another authorized
person shall —
(a)
permit a person who had the custody or control of the computer system,
or someone acting on their behalf to access and copy computer data on
the system; or
(b)
give the person a copy of the computer data.
The police officer or another authorized person may refuse to give access or
provide copies if he has reasonable grounds for believing that giving the
access, or providing the copies may —
(a)
(b)
to
constitute a criminal offence; or
prejudice —
2016 Revised Edition
Page 9