6Power to give directions

6 Power to give directions

6 Power to give directions

(1) For section 5(1)(d), a police officer exercising a power under section 5 may give a direction to a person against whom a dedicated encrypted criminal communication device prohibition order is in force to give a police officer information or assistance that is reasonable and necessary to view, or enable access to, data held in or accessible from—

(a) a computer identified during the search that the police officer has reasonable grounds to suspect is a dedicated encrypted criminal communication device, or

(b) a computer seized under the dedicated encrypted criminal communication device prohibition order that the police officer has reasonable grounds to suspect is a dedicated encrypted criminal communication device.

(2) A person given a direction under subsection (1)(a) or (b) must not, without reasonable excuse, fail to comply with the direction.

Maximum penalty—Imprisonment for 3 years.

(3) Without limiting subsection (2), it is not a reasonable excuse for a person given a direction under subsection (1)(a) or (b) to fail to comply with the direction on the ground that complying with the direction or the requirement would tend to incriminate the person or otherwise expose the person to a penalty.