17Warrants authorizing use of listening devices

17 Warrants authorizing use of listening devices

(1)  [Section 17 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] Upon complaint made by a police officer of or above the rank of sergeant that the police officer suspects or believes –

(a) that a prescribed offence has been, is about to be or is likely to be, committed; and

(b) that, for the purpose of an investigation into that offence or of enabling evidence to be obtained of the commission of the offence or the identity of the offender, the use of a listening device is necessary –

a magistrate may, if satisfied that there are reasonable grounds for that suspicion or belief, authorize, by warrant, the use of the listening device.

(2)  In determining whether a warrant should be granted under this section, a magistrate shall have regard to –

(a) the nature of the prescribed offence in respect of which the warrant is sought; and

(b) the extent to which the privacy of any person is likely to be affected; and

(c) alternative means of obtaining the evidence or information sought to be obtained; and

(d) the evidentiary value of any evidence sought to be obtained; and

(e) any previous warrant sought or granted under this Part in connection with the same prescribed offence.

(3)  Where a warrant granted by a magistrate under this section authorizes the installation of a listening device on any premises, the magistrate shall, by the warrant –

(a) authorize and require the retrieval of the listening device; and

(b) authorize entry onto those premises for the purpose of that installation and retrieval.

(4)  A warrant granted by a magistrate under this section shall specify –

(a) the prescribed offence in respect of which the warrant is granted; and

(b) where practicable, the name of any person whose private conversation may be recorded or listened to by the use of a listening device pursuant to the warrant; and