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
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