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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.