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Section 38 – Prevention Of Terrorism Act 2002

Prevention Of Terrorism Act 2002

 

38. Application for authorisation of interception of wire electronic or oral communication.

 

(1) A police officer not below the rank of Superintendent of Police supervising the investigation of any terrorist act under this Act may submit an application in writing to the Competent Authority for an order authorising or approving the interception of wire, electronic or oral communication by the investigating officer when he believes that such interception may provide, or has provided evidence of any offence involving a terrorist act. (2) Each application shall include the following information:-

 

(a) The identity of the investigating officer making the application, and the head of the department authorising the application;

 

(b) A statement of the facts and circumstances relied upon by the applicant to justify his belief that an order should be issued, including-

 

(i) Details as to the offence of terrorist act that has been, is being, or is about to be committed;

 

(ii) A particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted;

 

(iii) A particular description of the type of Communications sought to be intercepted; and

 

(iv) The identity of the person, if known, committing the terrorist act whose Communications are to be intercepted;

 

(c) A statement of the period of time for which the interception is required to be maintained, if the nature of the enquiry is such that the authorisation of interception should not automatically terminate after the described type of communication has been first obtained;

 

(d) A particular description of facts establishing probable cause to believe that additional Communications of the same type will occur thereafter; and

 

(e) Where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.

 

(3) The Competent Authority may require the applicant to furnish additional oral or documentary evidence in support of the application.

 

 

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Prevention Of Terrorism Act 2002

 

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