قاعدة بيانات التشريعات

 Part III
 Articles 14, 15

تاريخ بدء النفاذ:

2003-06-16

 

تاريخ الاعتماد:

2003-04-11

 

النص الأصلي

14. Nothing in this Act shall prohibit a police
officer, a person authorised in writing by the
Commissioner of Police under section 16(1) or any other
duly authorised law enforcement officer from lawfully
conducting investigations pursuant to his powers conferred
under any written law.

15. (1) A police officer may arrest without warrant
any person who has committed or is committing, or whom
the police officer with reasonable cause suspects to have
committed, or to be committing, an offence under this Act.

(2) Any power of seizure conferred on a police
officer who has entered premises by virtue of a warrant
issued under section 70 of the Criminal Procedure Code in
relation to an offence under this Act, or any related
inchoate offence, shall be construed as including a power
to require any information relating to the warrant which is
held in a computer and accessible from the premises to be
produced in a form in which it can be taken away and in
which it is legible (whether or not with the use of a
computer).

(3) Where the items seized by a police officer under
section 70 of the Criminal Procedure Code include
computers, disks or other computer equipment, the
magistrate before whom those items are brought in
accordance with section 72 of the Criminal Procedure
Code may, on the application of the person to whom those
items belong or from under whose control they were taken,
and subject to subsection (4), make an order —
(a) permitting a police officer to make copies of
such programs or data held in the computer,
disks or other equipment as may be required for
the investigation or prosecution of the offence;
(b) requiring copies of those copies to be given to
any person charged in relation to the offence
(“the accused person”); and
(c) requiring the items to be returned within a
period of seventy-two hours,
and when seizing any such items the police officer shall
inform the person to whom those items belong or from
under whose control they are taken of his right to make an
application under this subsection.

(4) Subsection (3) (b) shall not apply —
(a) in relation to copies of any items returned to the
accused person; or
(b) where the court is satisfied that —
(i) the provision of copies would substantially
prejudice the investigation or prosecution;
or
(ii) owing to the confidential nature of the
information obtained from the computers,
disks or other equipment, the harm which
may be caused to the business or other
interests of the applicant or any third party
by giving copies of that information to the
accused person outweighs any prejudice
which may be caused by not so doing.

(5) Any copies made pursuant to subsection (2) or
(3) shall, for the purposes of admissibility in any
proceedings, be treated as if they were themselves the
items seized.

 

التفاصيل

المصدر:

http://laws.bahamas.gov.bs/cms/images/LEGISLATION/PRINCIPAL/2003/2003-0002/ComputerMisuseAct_1.pdf

 
 

المرفقات