Enforcement power
9.
(1) A police officer may arrest without a warrant a person who has committed or whom the
police officer reasonably suspects to have committed an offence under this Act.
(2) Where a judicial officer is satisfied on information on oath given by a police officer that
there is reasonable ground for believing that an offence under this Act has been or is about to be
committed in any premises or that any computer, programme, data, equipment or article connected
with the offence is in any premises, the judicial officer may issue a warrant authorising the police
officer to enter and search the premises, using such reasonable force as is necessary and to seize any
such computer, programme, data or article the police officer reasonably believes may be evidence of
commission of the offence.
(3) A warrant under subsection (1) –
(a) may authorise persons to accompany a police officer executing the warrant and to
assist the officer in the execution of the warrant, and
(b) remains in force for 14 days from the date of its issue.
(4) A power of seizure conferred on a police officer who has entered premises by virtue of a
search warrant issued under the Criminal Procedure Code or a warrant issued under this section in
relation to an offence under this Act includes a power to examine the operations of any computer or
computer programme or to require any information relating to the offence in respect of which the
warrant was issued and held in a Computer and accessible from the premises to be produced in a form
in which it can be taken away and in which it is legible.
(5) Where any items seized by a police officer under a search warrant issued under the
Criminal Procedure Code or a warrant issued under this section include a computer, disk, tape or other
computer equipment, a court may, on the application supported by an affidavit of the person to whom
the items belong or from under whose control they were taken, make an order (a) permitting a police officer to make copies of such programme or data held in the
computer, disk, tape or other equipment as may be required for the investigation or
prosecution of an offence under this Act;
(b) requiring copies of copies, referred to in paragraph (a), to be given to a person
charged in relation to the offence; and
(c) requiring the items to be returned within the period specified in the order,
and when seizing any of the items the police officer shall inform the person to whom the
police officer has reasonable grounds to believe the items belong or from under whose control they
are taken of the right of the person to make an application under this Act.
(6) Subsection 9(5)(b) shall not apply (a) in relation to copies of any item returned to a person charged; or
(b) where the magistrate or a court is satisfied that (i) the provision of copies would substantially prejudice the investigation or
prosecution; or