14
CAP. 4.41
Electronic Crimes Act
LAWS OF SAINT CHRISTOPHER
AND NEVIS
Revision Date: 31 Dec 2017
(a) which may be material as evidence in proving an offence under this
Act; or
(b) which has been acquired by a person as a result of an offence
committed under this Act,
the Magistrate may issue a warrant authorising the police officer to enter the place or
premises and search and seize the thing or computer using such assistance as may be
necessary, and the search may include a search or access to a computer system or part
of it and the computer data stored in that system as well as a computer data storage
medium in which the computer data may be stored in Saint Christopher and Nevis.
(Substituted by Act 26 of 2012)
(2) A warrant issued under this section may authorise or require—
(a) a police officer to—
(i) seize any computer, data, program, information, document or
thing if he reasonably believes that it is evidence that an offence
under this Act has been or is about to be committed;
(ii) have access to and inspect and check the operation of any
computer to which this section applies;
(iii) use or cause to be used any computer to search any data contained
in or available to such computer;
(iv) have access to any information, code or technology which has the
capability of converting encrypted data contained or available to
such computer into readable and comprehensible format or text
for the purpose of investigating any offence under this Act or any
other offence which has been disclosed in the course of the lawful
exercise of the powers under this section;
(b) an authorised person to render assistance to the police officer in the
execution of the warrant;
(c) any person in possession of decryption information necessary to
decrypt data required for the purpose of investigating any such
offence.
(3) A police officer may, where it is reasonably required, request a person who
is not a suspect of a crime but who has knowledge about the functioning of a
computer system or measures applied to protect the computer data in the computer
system which is the subject of a search under this section to assist the police officer,
and the person so requested shall permit and assist the police officer to make the
search by—
(a) providing information that enables the undertaking of measures
referred to in this section;
(b) accessing and using a computer system or computer data storage
medium to search any computer data available to or in the system;
(c) obtaining and copying such computer data;
(d) using equipment to make copies; and
(e) obtaining an intelligible output from a computer system in such a
format that is admissible for the purpose of legal proceedings.
(Substituted by Act 26 of 2012)