قاعدة بيانات التشريعات

Application, issuance, form and scope of entry warrant

8.— (1) An entry warrant shall not be issued by a Judge unless there
exists with respect to the premises to which the application for an entry
warrant relates, a related interception direction.

(2) Where the Attorney General or the Director of Public
Prosecutions —
(a) makes an application for an interception direction on behalf of
an authorised officer pursuant to section 4, the Attorney General
or the Director of Public Prosecutions may at the time of making
the application, also apply to the Judge for the issuance of an
entry warrant with respect to the premises to which the
interception direction relates; or
(b) made an application for an interception direction on behalf of
an authorised officer pursuant to section 4,and the authorised
officer on whose behalf the application was made, is not
available, any other authorised officer may, at any such stage
after the issuance of the interception direction in respect of
which such an application was made, but before the expiry of
the period or the extended period for which it has been issued,
request the Attorney General or the Director of Public
Prosecutions to apply ex parte to a Judge for the issuance of
an entry warrant with respect to the premises to which the
interception direction relates.

(3) Subject to section 9, an application for an entry warrant referred
to in subsection (2), shall be in writing and in the prescribed form and
shall —
(a) be accompanied by an affidavit deposing the —
(i) name of the authorised officer on behalf of which the
application is made;
(ii) premises in respect of which the entry warrant is required;
and;
(iii) the specific purpose for which the application is made;
(b) if the application is made in terms of subsection (2) (b), also
contain proof that an interception direction has been issued,
and an affidavit setting forth the results, if any, obtained in the
interception direction concerned from the date of its issuance
up to the date on which the application was made, or a
reasonable explanation of the failure to obtain such results;
and
(c) indicate whether any previous application has been made for
the issuing of an entry warrant for the same purpose or in
respect of the same premises specified in the application and,
if such previous application exists, indicate the status of the
previous application.

(4) Subject to subsections (1) and (5), a Judge may upon an application
made to him or her by the Attorney General or the Director of Public
Prosecutions on behalf of an authorised officer, issue an entry warrant.

(5) An entry warrant shall be issued if the Judge is satisfied, on the
facts alleged in the application concerned that —
(a) the entry into the premises is necessary for the purpose —
(i) of intercepting a postal article or a communication on the
premises;
(ii) for installing and maintaining an interception device on; or
(iii) for removing an interception device from, the premises; and
(b) there are reasonable grounds to believe that it would be
impracticable to intercept a communication under the
interception direction concerned otherwise than by the use of
an interception device installed on the premises.

(6) An entry warrant —
(a) shall be in the prescribed form in writing;
(b) shall contain the information referred to in subsection (3) (a)
(ii) and (iii); and
(c) may contain conditions or restrictions relating to the entry upon
the premises concerned as the Judge may consider necessary.

(7) An entry warrant shall permit an authorised officer to enter
upon the premises specified in the entry warrant for the purposes of —
(a) intercepting a postal article or a communication by means of
an interception device;
(b) installing and maintaining an interception device; or
(c) removing an interception device.

(8) An entry warrant shall expire when whichever of the following
occurs first—
(a) the period or the extended period for which the related
interception direction concerned has been issued lapses;
(b) it is terminated pursuant to section 10 by a Judge; or
(c) the interception direction to which it relates is terminated in
accordance with section 9 or 10.

(9) When an entry warrant has expired pursuant to subsection (8)(a),
the authorised officer on whose behalf the application was made or, if he
or she is not available, any other authorised officer who would have
been entitled to request the Attorney General or the Director of Public
Prosecutions to make the application, shall, as soon as practicable after
the date of expiry of the entry warrant, and without applying to a Judge
for the issuing of a further entry warrant, remove, or cause to be removed,
any interception device which has been installed and which, at the expiry
date of the entry warrant, has not yet been removed from the premises
concerned.