TERRORISM (COMMUNITY PROTECTION) ACT 2003 - SECT 8 Determining the application
TERRORISM (COMMUNITY PROTECTION) ACT 2003 - SECT 8
Determining the application(1) The Supreme Court may issue a warrant under this Part if the Court is satisfied that there are reasonable grounds for the suspicion or belief founding the application for the warrant.
(2) In determining whether a warrant should be issued, the Court must have regard to—
(a) the nature and gravity of the terrorist act or suspected terrorist act; and
(b) the extent to which the exercise of powers under the warrant would assist the prevention of, or response to, the terrorist act or suspected terrorist act; and
(c) the extent to which the privacy of any person is likely to be affected; and
S. 8(2)(d) amended by No. 72/2011 s. 46(1).
(d) any conditions to which the
warrant may be made subject; and
S. 8(2)(e) inserted by No. 72/2011 s. 46(2).
(e) any submissions made by a
Public Interest Monitor.
(3) A warrant must specify—
(a) that the purpose of the warrant is to assist the prevention of, or response to, a terrorist act or suspected terrorist act; and
(b) the address or location of any premises to which the warrant relates; and
(c) the name of the applicant; and
(d) the name or a description of any other person who may enter premises named or described in the warrant; and
(e) whether more than one entry of premises named or described in the warrant is authorised; and
(f) the date on which the warrant is issued; and
(g) the period during which the warrant is in force, being a period not exceeding 30 days; and
(h) if known, the names of occupiers of premises named or described in the warrant; and
(i) if relevant, the name or a description of the kind of thing to be searched for, seized, placed, copied, photographed, recorded, operated, printed, tested or sampled; and
(j) if applicable, any further conditions to which the warrant is subject.
(4) Nothing in this Part prevents the issue of a further warrant in respect of premises in respect of which a warrant under this Part has previously been issued.