LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 76AJ Decisions about applications for digital evidence access orders

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 76AJ

76AJ Decisions about applications for digital evidence access orders

(1) The eligible issuing officer must--

(a) consider the application for the digital evidence access order, and

(b) decide whether or not to grant the application and issue a digital evidence access order.

(2) The eligible issuing officer may grant an application for a digital evidence access order only if--

(a) the order will authorise an executing officer to issue a direction mentioned in section 76AM(1) in relation to a computer that has been found, or may be found, in the execution of a search warrant or crime scene search warrant that has already been issued or will be issued at the same time as the order, and

(b) the eligible issuing officer is satisfied there are reasonable grounds for suspecting evidential material is held in, or is accessible from, the computer, and

(c) the eligible issuing officer is satisfied the specified person in relation to whom it is proposed the digital evidence access order will be issued is--

(i) reasonably suspected of having committed the offence stated in the search warrant or crime scene search warrant, or

(ii) the owner or lessee of the computer, or

(iii) an employee of the owner or lessee of the computer, or

(iv) a person engaged under a contract for services by the owner or lessee of the computer, or

(v) a person who uses or has used the computer, or

(vi) a person who is or was a system administrator for the system including the computer, and

(d) the eligible issuing officer is satisfied the specified person in relation to whom it is proposed the digital evidence access order will be issued has relevant knowledge of--

(i) the computer or a computer network of which the computer forms or formed a part, or

(ii) measures applied to protect data held in, or accessible from, the computer.

(3) If the eligible issuing officer grants the application, the officer must issue a digital evidence access order to the applicant.