Section 55Part 8 — Counter-Terrorist Powers
Power to intercept communications and the admissibility of intercepted communications
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Subject to subsection (2), a constable who is of at least the rank of inspector may, for the purposes of obtaining evidence of the commission of an offence under this Law, apply to the Governor in writing for an interception of communications order.
The constable may make an application under subsection (1) only with the prior written consent of the Attorney General.
The Governor may make an order —
requiring a service provider to intercept and retain a specified communication or communications of a specified description received or transmitted or about to be received or transmitted by that service provider;
authorising the constable to enter any premises and to install on such premises any device for the interception and retention of a specified communication or communication of a specified description and to remove and retain such device,
if the Governor is satisfied that the written consent of the Attorney General has been obtained as required by subsection (2) and that there are reasonable grounds to believe that material information relating to —
the commission of an offence under this Law; or
the whereabouts of the person suspected by the constable to have committed the offence,
is contained in that communication or communications of that description.
Any information contained in a communication —
intercepted and retained pursuant to an order under subsection (3); or
intercepted and retained in a foreign state in accordance with the law of that foreign state and certified by a judge of that foreign state to have been so intercepted and retained,
shall be admissible in proceedings for an offence under this Law, as evidence of the truth of its contents notwithstanding the fact that it contains hearsay.
Defined Terms
constableAttorney GeneralGovernorservice providercommunication