80AWarrant may authorise the giving of a direction requiring assistance from person with certain knowledge

80A Warrant may authorise the giving of a direction requiring assistance from person with certain knowledge (1) Subject to subsection (3), a warrant issued under section 79 may authorise a police officer executing the warrant to give a direction under subsection (2) to a specified person. (2) A police officer may direct a specified person to provide any information or assistance that is reasonable and necessary to allow the police officer to do one or more of the following things— (a) access data held in, or accessible from, a computer or data storage device that— (i) is on the premises in respect of which the warrant is issued (***warrant premises***); or (ii) has been seized under the warrant and is at a place other than warrant premises; (b) copy to another data storage device data held in, or accessible from, a computer or data storage device described in paragraph (a); (c) convert into documentary form or another form intelligible to a police officer— (i) data held in, or accessible from, a computer or data storage device described in paragraph (a); or (ii) data held in a data storage device to which the data was copied as described in paragraph (b); (d) use data— (i) that is recorded on a thing that is— (A) on warrant premises; or (B) has been seized under the warrant and is at a place other than warrant premises; and (ii) that enables access to other data held in, or accessible from, a computer or data storage device— to access the other data. (3) A warrant may authorise the giving of a direction under subsection (2) if the magistrate or judge issuing the warrant is satisfied that— (a) there are reasonable grounds for suspecting that data held in, or accessible from, a computer or data storage device described in subsection (2)(a), or recorded on a thing as described in subsection (2)(d), will assist in finding the location of, or means of access to, tainted property or forfeited property; and (b) the specified person is— (i) reasonably suspected of having committed the offence in reliance on which the warrant is issued; or (ii) the owner or lessee of the computer, data storage device or thing; or (iii) an employee of the owner or lessee of the computer, or data storage device or thing; or (iv) a person engaged under a contract for services by the owner or lessee of the computer, data storage device or thing; or (v) a person who uses or has used the computer, data storage device or thing; or (vi) a person who is or was a system administrator for the computer network of which the computer or data storage device forms or formed a part; and (c) the specified person has relevant knowledge of— (i) the computer or data storage device or a computer network of which the computer or data storage device forms or formed a part or may be accessed; or (ii) data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device; or (B) data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device to access the other data. (4) A person commits an offence if— (a) the person has relevant knowledge of— (i) the computer or data storage device or computer network of which the computer or data storage device forms or formed a part; or (ii) data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device; or (B) data recorded on a thing that enables access to other data held in, or accessible from, a computer or data storage device; and (b) the person is informed by a police officer— (i) of the authorisation to give the direction under subsection (2) and of its terms; and (ii) that it is an offence to fail to comply with the direction; and (c) the person fails to comply with the direction without reasonable excuse. (5) A person who commits an offence against subsection (4) is liable to level 7 imprisonment (2 years maximum). (6) A person is not excused from complying with a direction under subsection (2) on the ground that complying with it may result in information being provided that might incriminate the person. S. 80B inserted by No. 44/2022 s. 12.