80BPower to require assistance from person with certain knowledge

80B Power to require assistance from person with certain knowledge (1) This section applies if a magistrate or a judge has issued a warrant under section 79. (2) The Magistrates' Court, Supreme Court or County Court (as the case may be), on the application of a police officer, may make an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow a police officer to do one or more of the things specified in subsection (3). (3) The things are— (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; or (b) copy to another data storage device data held in, or accessible from, a computer or data storage device described in paragraph (a); or (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); or (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. (4) An application may be made under subsection (2) at the same time as an application is made for the warrant under section 79 or at any time after the issue of the warrant. (5) The Magistrates' Court, Supreme Court or County Court (as the case may be) may make the order if 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 (3)(a) or recorded on a thing described in subsection (3)(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 was 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, 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 (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. (6) A person is not excused from complying with an order on the ground that complying with it may result in information being provided that might incriminate the person. (a) the computer, data storage device or thing that is the subject of the order is seized under the warrant; and (b) the order was granted on the basis of an application made before the seizure— the order does not have effect on or after the completion of the execution of the warrant. An application for another order under this section relating to the computer, data storage device or thing may be made after the completion of the execution of the warrant. (8) If the computer, data storage device or thing is not on warrant premises, the order must— (a) specify the period within which the person must provide the information or assistance; and (b) specify the place at which the person must provide the information or assistance; and (c) specify the conditions (if any) to which the requirement to provide the information or assistance is subject. (9) This section applies in addition to section 80A, whether or not in relation to the same specified person. However, a person may be charged with an offence against either section 80A(4) or 80C(1) but not both. (10) A magistrate or judge may administer an oath or affirmation or take an affidavit for the purposes of an application under this section. S. 80C inserted by No. 44/2022 s. 12.