PART 4
PROCEDURES
(b) -
aperson specified by the Court,
the Court may attach conditions that it considers necessary to avoid,
as far
as practicable, the interception of information or recording or observi
ng of
activities. of a professional character to which the lawyer, clereyman,
medical practitioner or such other person specified by the Court
is a party.
(5)
To avoid doubt, an interception warrant is not limited to a particular
premise, and can apply in relation to an interception device designed
to
intercept communications, or observe or record activities involving a
person wherever that person may be.
30
(1)
Granting of an interception warrant
The Court may grant an interception warrant if it is satisfied that there
are
reasonable grounds:
(a) _ to suspect that a person is planning, participating in or committing,
or has planned, participated in or committed, a specified offence;
and
(b) __ to believe that evidence relevant to the investigation of a case
will
be obtained through the use of an interception warrant to intercept
private communications, records or observe activities; and
{c) _ the proposed interception is justified by the social harm of the
suspected offence against which it is directed,
(2)
In addition to subsection (1), the Court, prior to granting an intercep
tion
warrant, must consider the following:
(a) _
(b) _
the seriousness of the offence to which the criminal investigation
or proceeding relates; and
the reliability of the information on which the application is based,
including the nature of the source of the information; and
(c)
ifthe public interest in the production of data from the computer
system or data storage medium outweighs the tight to privacy of a
person, whose privacy may be affected as a result of the
production; and
(Q
“if there is sufficient connection between the evidence sought and
the offence to which the criminal investigation or proceeding
relates; and
Cybercrime Act No. 22 of 2021
,
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