9Application for prohibition order

9 Application for prohibition order

9 Application for prohibition order

(1) A police officer, or another person on the police officer’s behalf, may apply to an authorised judge for a dedicated encrypted criminal communication device prohibition order to be made against an eligible person.

(2) The application may be made only if—

(a) the police officer reasonably believes the eligible person is likely to use a dedicated encrypted criminal communication device to avoid law enforcement detection of criminal activity, and

(b) the application has been approved by a senior police officer.

(3) The application must not be made within—

(a) 2 weeks after an authorised judge has refused to grant a previous application against the eligible person, unless it contains material evidence or information not included in the previous application, or

(b) 6 months after the revocation of a dedicated encrypted criminal communication device prohibition order against the eligible person.