11Use of electronic equipment at premises

11 Use of electronic equipment at premises

(1)  The executing officer or a person assisting may operate electronic equipment at the warrant premises to see whether evidential material is accessible by doing so if he or she believes on reasonable grounds that the operation of the equipment can be carried out without damage to the equipment.

(2)  If the executing officer or a person assisting, after operating the equipment, finds that evidential material is accessible by doing so, he or she may –

(a) seize the equipment and any disk, tape or other associated device; or

(b) if the material can, by using facilities at the premises, be put in documentary form, operate the facilities to put the material in that form and seize the documents so produced; or

(c) if the material can be transferred to a disk, tape or other storage device that –

(i) is brought to the premises; or

(ii) is at the premises and the use of which for the purpose has been agreed to in writing by the occupier of the premises –

operate the equipment to transfer the material to the disk, tape or other storage device and take the disk, tape or other storage device from the premises.

(3)  The executing officer or a person assisting may seize equipment under subsection (2)(a) only if –

(a) it is not practicable to put the material in documentary form as mentioned in subsection (2)(b) or to copy the material as mentioned in subsection (2)(c) ; or

(b) possession by the occupier of the equipment could constitute an offence.

(4)  If the executing officer or a person assisting believes on reasonable grounds that –

(a) evidential material may be accessible by operating electronic equipment at the premises; and

(b) expert assistance is required to operate the equipment; and

(c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with –