Comparison View

Formal Consolidation |  2012 RevEd
Power to access computer
39.—(1)  A police officer or an authorised person, investigating an arrestable offence, may at any time —
(a)access, inspect and check the operation of a computer that he has reasonable cause to suspect is or has been used in connection with the arrestable offence; or
(b)use or cause to be used any such computer to search any data contained in or available to such computer.
(2)  The police officer or authorised person may also require any assistance he needs to gain such access from —
(a)any person whom he reasonably suspects of using the computer in connection with the arrestable offence or of having used it in this way; or
(b)any person having charge of, or otherwise concerned with the operation of, such computer.
(3)  Any person who obstructs the lawful exercise by a police officer or an authorised person of the powers under subsection (1), or who fails to comply with any requirement of the police officer or authorised person under subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
(4)  An offence under subsection (3) shall be an arrestable offence.
(5)  A person who had acted in good faith under subsection (1) or in compliance with a requirement under subsection (2) shall not be liable in any criminal or civil proceedings for any loss or damage resulting from the act.
(6)  In this section and section 40, “authorised person” means a person authorised in writing by the Commissioner of Police for the purposes of this section or section 40 or both.
Informal Consolidation | Amended Act 10 of 2015
Power to access computer
39.—(1)  A police officer or an authorised person, investigating an arrestable offence, may at any time —
(a)access, inspect and check the operation of a computer that he has reasonable cause to suspect is or has been used in connection with the arrestable offence; or
(b)use or cause to be used any such computer to search any data contained in or available to such computer.
(2)  The police officer or authorised person may also require any assistance he needs to gain such access from —
(a)any person whom he reasonably suspects of using the computer in connection with the arrestable offence or of having used it in this way; or
(b)any person having charge of, or otherwise concerned with the operation of, such computer.
(3)  Any person who obstructs the lawful exercise by a police officer or an authorised person of the powers under subsection (1), or who fails to comply with any requirement of the police officer or authorised person under subsection (2), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
(4)  An offence under subsection (3) shall be an arrestable offence.
(5)  A person who had acted in good faith under subsection (1) or in compliance with a requirement under subsection (2) shall not be liable in any criminal or civil proceedings for any loss or damage resulting from the act.
(6)  In this section and section 40, “authorised person” means a forensic specialist appointed under section 65A of the Police Force Act, or other person, authorised in writing by the Commissioner of Police for the purposes of this section or section 40 or both.
[Act 10 of 2015 wef 01/06/2015]