Act 2
Computer Misuse Act
2011
(4) The provisions of section 71 of the Magistrates Court’s Act
apply with the necessary modifications to the issue and execution of
a search warrant referred to in subsection (3).
(5) An authorised officer executing a search warrant referred to
in subsection (3), may—
(a) at any time search for, have access to and inspect and check the
operation of any computer system, application or data if that
officer on reasonable grounds believes it to be necessary to
facilitate the execution of that search warrant;
(b) require a person having charge of or being otherwise
concerned with the operation, custody or care of a
computer system, application or data to provide him or her
with the reasonable assistance that may be required to
facilitate the execution of that search warrant; and
(c) compel a service provider, within its existing technical
capability—
(i)
to collect or record through the application of
technical means; or
(ii) to co-operate and assist the competent authorties in the
collection or recording of traffic data in real time,
associated with specified communication transmitted
by means of a computer system.
(6) In seizing any computer system or taking any samples or
copies of applications or data or performing any of the actions
referred to in subsection (5), an authorised officer shall have due
regard to the rights and interests of a person affected by the seizure to
carry on his or her normal activities.
(7) A person who obstructs, hinders or threatens an authorised
officer in the performance of his or her duties or the exercise of his or
her powers under this section commits an offence and is liable on
conviction to a fine not exceeding twelve currency points or
imprisonment not exceeding six months or both.
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