s.30Order to make material available
30
Section 30Part 5 — Guidelines and Operational Procedures

Order to make material available

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An investigating officer may, for the purpose of an investigation into an offence to which this Act applies, with the assistance of the Director of Public Prosecutions, apply to the Grand Court for an order in relation to particular material or to material of a particular description.
If, on such an application, the court is satisfied that the conditions in subsection (4) are fulfilled, it may make an order that the person who appears to it to be in possession of the material to which the application relates shall —
produce it to an investigating officer to take away; or
give an investigating officer access to it,
The period to be specified in an order under subsection (2) shall be seven days, unless it appears to the court that a longer or shorter period would be appropriate in the particular circumstances of the application.
The conditions referred to in subsection (2) are that —
there are reasonable grounds for suspecting that a specified person has carried on or has benefited from an offence to which this Act applies;
there are reasonable grounds for suspecting that the material to which the application relates —
is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made; and
does not consist of or include items subject to legal privilege; and
there are reasonable grounds for believing that it is in the public interest, having regard to —
the benefit likely to accrue to the investigation if the material is obtained; and
the circumstances under which the person in possession of the material holds it,
Where the court makes an order under subsection (2)(b) in relation to material on any premises it may, on the application of an investigating officer, order any person who appears to it to be entitled to grant entry to the premises to allow an investigating officer to enter the premises to obtain access to the material.
The Chief Justice may make rules governing the procedure in relation to —
applications for the discharge and variation of orders under this section; and
proceedings relating to such orders.
Where the material to which an application under this section relates consists of information contained in a computer —
an order under subsection (2)(a) shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and
an order under subsection (2)(b) shall have effect as an order to give access to the material in a form in which it is visible and legible.
An order under subsection (2) —
shall not confer any right to production of, or access to, items subject to legal privilege;
shall have effect notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information whether imposed by the Confidential Information Disclosure Act, 2016 [Law 23 of 2016] or any other law or by the common law; and
may be made in relation to material in the possession of the Government.
Where, in relation to an investigation into an offence to which this Act applies, an order under subsection (2) has been made or has been applied for and has not been refused or a warrant under section 31 has been issued, a person who, knowing or suspecting that the investigation is taking place, makes any disclosure which is likely to prejudice the investigation commits an offence.
In proceedings against a person for an offence under subsection (9), it is a defence to prove —
that that person did not know or suspect that the disclosure was likely to prejudice the investigation; or
that that person had lawful authority or reasonable excuse for making the disclosure.
A person who commits an offence under subsection (9) is liable —
on summary conviction, to a fine of five thousand dollars or to imprisonment for a term of two years, or to both; or
on conviction on indictment, to a fine or to imprisonment for a term of five years, or to both.

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