sec.338Deciding application

### sec.338 Deciding application A Supreme Court judge or a magistrate may issue a retrieval warrant if the judge or magistrate is satisfied— that there are reasonable grounds for the belief founding the application for the warrant; and for a remote application—that it would have been impracticable for the application to have been made in person. In deciding whether a retrieval warrant should be issued, the judge or magistrate must have regard to— the extent to which the privacy of any person is likely to be affected; and the public interest in retrieving the device sought to be retrieved; and any submissions made by a monitor. s 338 ins 2005 No. 45 s 12 (sec.338-ssec.1) A Supreme Court judge or a magistrate may issue a retrieval warrant if the judge or magistrate is satisfied— that there are reasonable grounds for the belief founding the application for the warrant; and for a remote application—that it would have been impracticable for the application to have been made in person. (sec.338-ssec.2) In deciding whether a retrieval warrant should be issued, the judge or magistrate must have regard to— the extent to which the privacy of any person is likely to be affected; and the public interest in retrieving the device sought to be retrieved; and any submissions made by a monitor. - (a) that there are reasonable grounds for the belief founding the application for the warrant; and - (b) for a remote application—that it would have been impracticable for the application to have been made in person. - (a) the extent to which the privacy of any person is likely to be affected; and - (b) the public interest in retrieving the device sought to be retrieved; and - (c) any submissions made by a monitor.