Revised Laws of Saint Lucia (2021)

Schedule

(Sections 5(1) and 34)

1.  

   1.   Capital or non-capital murder

1.  

   2.   Manslaughter

1.  

   3.   Treason

1.  

   4.   Kidnapping

1.  

   5.   Robbery

1.  

   6.   Blackmail

1.  

   7.   Fraud

1.  

   8.   Abduction

1.  

   9.   Hijacking

1.  

   10.   Extortion

1.  

   11.   Counterfeiting

1.  

   12.   Corruption

1.  

   13.   Arson

1.  

   14.   An offence contrary to the Proceeds of Crime Act 1993

1.  

   15.   An offence contrary to the Money Laundering (Prevention) Act

1.  

   16.   An offence contrary to the Drugs (Prevention of Misuse) Act

1.  

   17.   An offence contrary to the Firearms Act

1.  

   18.   An offence contrary to the Children and Young Persons Act

1.  

   19.   An offence against a child or minor contrary to Chapter 2 Part 1 of the Criminal Code

1.  

   20.   An offence contrary to the Anti-Terrorism Act, no. 36 of 2003

1.  

   21.   Attempting or conspiring to commit, or aiding, abetting, counselling or procuring the commission of, an offence falling within any of the preceding paragraphs.

CHAPTER 3.12
INTERCEPTION OF COMMUNICATIONS ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

Interception of Communications (Forms) Regulations – Section 36(2)(A)

(Statutory Instrument 147/2006)

Statutory Instrument 147/2006 .. in force 14 August 2006

ARRANGEMENT OF REGULATIONS

INTERCEPTION OF COMMUNICATIONS (FORMS) REGULATIONS – SECTION 36(2)(A)

Commencement [14 August 2006]

1.   Citation

These Regulations may be cited as the Interception of Communications (Forms) Regulations.

2.   Interpretation

In these Regulations—

“Act” means the Interception of Communications Act.

3.   Application forms

An application for—

1.  

   (a)     an interception direction or a renewal of an interception direction under sections 5 and 7 respectively of the Act;

1.  

   (b)     an entry warrant under section 8 of the Act; or

1.  

   (c)     a disclosure order under section 21 of the Act,

1.  

   shall be made in the form prescribed in Form 1 of the Schedule.

4.   Affidavit forms

1.  

   (1)   The affidavit in support of an application for an interception direction under section 5 of the Act shall be made in the form prescribed in Form 2 of the Schedule.

1.  

   (2)   The affidavit in support of an application for a renewal of an interception direction under section 7 of the Act shall be made in the form prescribed in Form 3 of the Schedule.

1.  

   (3)   The affidavit in support of an application for an entry warrant under section 8 of the Act shall be made in the form prescribed in Form 4 of the Schedule.

1.  

   (4)   The affidavit in support of an application for a disclosure order under section 21 of the Act shall be made in the form prescribed in Form 5 of the Schedule.

5.   Interception Directions, Entry Warrant and Disclosure Order forms

1.  

   (1)   An interception direction or a renewal of an interception direction under sections 5 and 7 of the Act respectively shall be in the form prescribed in Form 6 of the Schedule.

1.  

   (2)   An entry warrant under 8 of the Act shall be in the form prescribed in Form 7 of the Schedule.

1.  

   (3)   A disclosure order under section 21 shall be in the form prescribed in Form 8 of the Schedule.

Schedule

FORM 1

(Regulation 3)

APPLICATION

Case Reference No ................................

Date ....................................................

I, ....................................., ATTORNEY GENERAL/DIRECTOR OF PUBLIC PROSECUTIONS* residing at ....................................... in the Quarter of ..........................., in the State of Saint Lucia hereby apply to the Court under the Interception of Communications Act, Cap.3.12 (hereinafter referred to as “the Act”). This application is made pursuant to a request dated the ......................................... day of .........................., 20 ....... by ......................... residing at ......................, in the Quarter of ........................., in the State of Saint Lucia, an Authorised Officer under the Act.

I pray that:

(1)   an Interception Direction be issued under section 5 of the Act;

(2)   an Interception Direction, Case Reference No .......... issued on the ...... day of ..............., 20 ........ under section 5 of the Act be renewed/ modified;

(3)   an Entry Warrant be issued under section 8 of the Act; or

(4)   a Disclosure Order be issued under section 21 of the Act.

This application is supported by an affidavit from the Authorised Officer setting out the grounds upon which it is made, the communication in respect of which it relates and the person(s) to whom it is to apply.

A draft of the order that the applicant seeks is also attached.

*delete as applicable

Signed :...........................................

ATTORNEY GENERAL/DIRECTOR

OF PUBLIC PROSECUTIONS

FORM 2

(Regulation 4 (1))

AFFIDAVIT IN SUPPORT OF APPLICATION FOR ISSUE OF INTERCEPTION DIRECTION

Case Reference No .........................

Date .............................................

I, ............................, residing at .................... in the Quarter of .............., in the State of Saint Lucia acting herein as an Authorised Officer under the Interception of Communications Act, Cap.3.12 (hereinafter referred to as “the Act”) make oath and say as follows:

1.   I am an Authorised Officer under the Act, namely ........................ (state portfolio). Except where I so state the facts deposed to herein are based on my personal knowledge.

2.   By virtue of section 2 of the Act, I am authorised to make this affidavit in support of an application for an Interception Direction under section 4(1) of the Act, in respect of communications by an individual known as .............. and in respect of the following method(s) of communication:

[Specify, in detail, the method of communication (e.g. postal service, computer, telephone, etc.]

(i) .............................

(ii) .............................

3.   An Interception Direction is required because [state facts or allegation giving rise to the application.]

4.   (1)   This Court is requested to issue an Interception Direction on the grounds of ..................... [Note: specify ground(s) under section 5(1) of the Act on which Court is requested to grant Interception Direction or omit where application is made under sections 4(3) and (4) of the Act]; or

(2)   The applicant relies on section 4(3) of the Act that a serious offence has been or is being or will probably be committed for the benefit of or at the direction of, or in association with a person, a group of persons or syndicate involved in organized crime. [to be included where an application is being made in accordance with sections 4(3) and (4) of the Act.] *

5.   Further, I believe that an Interception Direction should be issued by this Court because: [the following information should be stated—

(i) if practical, a description of the nature and location of the facilities from which or premises at which the communication is to be intercepted; and

(ii) the basis for believing that evidence relating to the ground on which the application is made will be obtained through the interception.]

6.   I am informed and verily believe that—

(i) the following investigative procedures were engaged and failed to adequately obtain the evidence required: [specify investigative procedures, if any and reason why they failed.] or

(ii) other investigative procedures appear to be unlikely to succeed or appear to be too dangerous for the following reasons: [specify reasons.]*

7.   If an Interception Direction is issued by this Court, it will be required for a period of ................... months. [specify number of months Interception Direction is to subsist. Note: the duration of an Interception Direction is not to exceed 5 months. A further application will have to be made to the Court for an extension, if necessary.]

8.   (1)   There has not been any previous application for an Interception Direction made with respect to this person; or

(2)   There has been a previous application for an Interception Direction made with respect to this person [specify status of previous application.] *

9.   The applicant also requests that an Entry Warrant be issued in respect of ................ for the purpose of ................... [Note: this paragraph is to be used only in cases where an application is being made for an Entry Warrant under section 8(2)(a) of the Act which allows for an Entry Warrant to be issued at the same time as an Interception Direction.]

10.   In the circumstances the applicant requests that an Interception Direction be granted for a period of .................. months/weeks/days / along with an Entry Warrant in respect of .................. * [specify premises where Entry Warrant is also sought by virtue of section 8(2) (a) of the Act.]

* delete as applicable

SWORN TO, BEFORE ME )

at ................................. this ..................... )

day of ...................................., 20 ........... ) ......................................

Authorised Officer

.................................................................................

JUSTICE OF THE PEACE/NOTARY ROYAL

FORM 3

(Regulation 4(2))

AFFIDAVIT IN SUPPORT OF APPLICATION FOR RENEWAL OF
INTERCEPTION DIRECTION

Case Reference No ...........................

Date ...............................................

I, ......................., residing at ....................... in the Quarter of ............., in the State of Saint Lucia, acting herein as an Authorised Officer under the Interception of Communications Act, Cap.3.12 (hereinafter referred to as “ the Act”) make oath and say as follows:

1.   I am an Authorised Officer under the Act, namely ........................ (state portfolio). Except where I so state the facts deposed to herein are based on my personal knowledge.

2.   By virtue of section 2 of the Act, I am authorised to make this affidavit in support of an application for the renewal of an Interception Direction under section 7(2) of the Act.

3.   On the ............... day of ..............,20 ..........., an Interception Direction was issued granting permission to the applicant to intercept the following communication of the named individual(s): [set out the terms of the Interception Direction including the name(s) of the persons, the premises or facilities involved and the communications to be intercepted.]

4.   That for the following reasons the applicant was unable to complete its investigation during the period granted under the initial Interception Direction: [set out in detail the reasons for the failure to complete investigation.]

5.   The applicant believes that for the following reasons an extension of the duration of the Interception Direction in this matter for a period of ........ months/weeks/ days * will facilitate the conclusion of the investigation: [set out in detail the circumstances justifying the grant of a renewal of the Interception Direction].

6.   In the circumstances the applicant requests that the duration of the Interception Direction be extended for a period of months/weeks/ days*.

* delete as applicable

SWORN TO BEFORE ME)

at this ......................................... day of) .............................................

.................................................., 20. ....)     Authorised Officer

..............................................................................

JUSTICE OF THE PEACE/NOTARY ROYAL

FORM 4

(Regulation 4(3))

AFFIDAVIT IN SUPPORT OF APPLICATION FOR AN ENTRY WARRANT

Case Reference No ...............................

Date ..................................................

I, ....................., residing at ...................., in the Quarter of ..................., in the State of Saint Lucia, acting herein as an Authorised Officer under the Interception of Communications Act, Cap.3.12 (hereinafter referred to as “the Act”), make oath and say as follows:

1.   I am an Authorised Officer under the Act, namely ................. (state portfolio). Except where I so state the facts deposed to herein are based on my personal knowledge.

2.   By virtue of section 2 of the Act, I am authorised to make this affidavit in support of an application for an Entry Warrant under section 8 of the Act.

3.   On the .......... day of ...................., 20 ......, an Interception Direction was issued granting permission to the applicant to intercept the following communication of the named individual(s): [set out the terms of the Interception Direction including the name(s) of the persons, the premises or facilities involved and the communications to be intercepted.]

4.   That to date the Interception Direction has yielded the following results/ that to date the Interception Direction has not yielded any results for the following reasons*: [specify results, if any and if none, specify reasons for failure to yield results.]

5.   That the applicant applies for an Entry Warrant to the following premises for the purpose of: [specify in detail the purpose for which the Entry Warrant is required and the premises in respect of which it is to be issued.]

6.   The applicant believes that for the following reasons it would be impractical to intercept communication under the Interception Direction without installing the listed interception devices on the premises: * [state reasons why the communication may only be retrieved by installing interception devices on the premises and the devices to be installed.]

7.   That the applicant has previously applied for an Entry Warrant in respect of these premises/ for the same purpose on the ........ day of .........,20 ..../ That the applicant has not previously applied for an Entry Warrant.* [Note: where any previous application has been made for the issuing of an Entry Warrant for the same purpose or in respect of the same premises, indicate the status of that application.]

8.   In the circumstances the applicant requests that an Entry Warrant be issued in respect of .................. for the purpose of .......................... [specify which of the purposes outlined in section 8(5)(a)(i)-(iii) of the Act are to be achieved by the Entry Warrant and the premises in respect of which it is to be issued.]

* delete as applicable

SWORN TO, BEFORE ME)

at this ....................................... day of) .........................................

..............................................., 20 .... )     Authorised Officer

..............................................................................

JUSTICE OF THE PEACE/NOTARY ROYAL

FORM 5

(Regulation 4 (4))

AFFIDAVIT IN SUPPORT OF APPLICATION FOR A DISCLOSURE ORDER

Case Reference No ...............................

Date ..................................................

I, ................................................., residing at ......................................, in the Quarter of ..................., in the State of Saint Lucia, acting herein as an Authorised Officer under the Interception of Communications Act, Cap.3.12 (hereinafter referred to as “ the Act”) make oath and say as follows:

1.   I am an Authorised Officer under the Act, namely ................. (state portfolio). Except where I so state the facts deposed to herein are based on my personal knowledge.

2.   By virtue of section 2 of the Act, I am authorised to make this affidavit in support of an application for a Disclosure Order under section 21 of the Act.

3.   That by virtue of an Interception Direction issued to the applicant on the ....... day of ......................., 20 .............. as Interception Direction No ........ of 20 .........,/ by virtue of ................. certain protected information came into the possession of the applicant or is likely to come into the possession of the applicant.* [specify method by which information has come or is likely to come into your possession.]

4.   The applicant believes that .................... of ................. has in his/her possession a key to the protected information. The said key is required to convert the information recovered/to be recovered into an intelligible form.

5.   The applicant is also of the view that disclosure of the protected information is required in the interest of national security/ in the interest of public order.*

6.   In the circumstances the applicant requests that a Disclosure Order be issued in respect of ............. to take the following action: [set out the name of the person to whom the order is to apply, the protected information to which it relates, the disclosure that is required by the order, the form and manner in which the disclosure is to be made.]

* delete as applicable

SWORN TO BEFORE ME .............................................)

at ...................... this .......... day of )     .............................................

................................................, 20 )     Authorised Officer

............................................................................

JUSTICE OF THE PEACE/NOTARY ROYAL

FORM 6

(Regulation 5 (1))

INTERCEPTION DIRECTION

Case Reference No ........................................

Interception Direction No ............. of 20 ............

Being satisfied upon an application by the Attorney General/Director of Public Prosecutions* supported by an affidavit sworn by ................ [specify name of officer.] an Authorised Officer under section 2(1) the Interception of Communications Act, Cap.3.12 (hereinafter referred to as “the Act”) that:

(1)   the requirements of section 4(2) of the Act are satisfied; and

(2)   there are reasonable grounds to believe that in accordance with section 5(1) of the Act, the obtaining of the information is necessary .............. [specify grounds under section 5 of the Act.] or

(3)   that there are reasonable grounds on which to renew the Interception Direction issued by the Court on the ................. day of .............., 20 ..... as Interception Direction No ............ [to be added where an application for renewal is made.]

I ......................................................., judge of the Eastern Caribbean Supreme Court (Saint Lucia) hereby issue an Interception Direction/renewal of an Interception Direction under section 5/ section 7 of the Act * permitting ....................... [specify name of authorized officer who will execute the direction] an Authorised Officer to execute this Interception Direction and to perform the following interception(s): [specify interception activities to be conducted and communications to be' intercepted]

The interception to be conducted by virtue of this Order is with respect to the communications of .............. [Enter name of individual], with respect to the following communications .................... and with respect to the following premises*: [set out particulars of premises, if any.]

This Interception Direction is valid for a period of ..... months/weeks/days* from the date of issuance.

* delete as applicable

Signed .........................................................................

Issued this ................... day of ..................., 20 .................

FORM 7

(Regulation 5(2))

ENTRY WARRANT

Case Reference No ......................

Date .........................................

Being satisfied upon an ex parte application made by the Attorney General/ Director of Public Prosecutions* supported by an affidavit sworn by ................. an Authorised Officer under section 2(1) of the Interception of Communications Act, Cap.3.12 (hereinafter referred to as “the Act”) that—

(i)   the requirements of section 8 of the Act have been complied with;

(ii)   the Court on the .......... day of .............., 20 ....... issued an Interception Direction number ................. of 20 .................... [specify Interception Direction number here] in respect of the premises for which the Entry Warrant application is made;

(iii)   entry into the premises is necessary for the purpose—

1.  

   (a)     of intercepting a postal article or a communication on the premises; [specify the form of communication to be intercepted];

1.  

   (b)     for installing and maintaining an interception device on; or

1.  

   (c)     for removing an interception device from, the premises; * and

(iv)   the affidavit supporting the application sets out reasonable grounds to assure the Court that it would be impractical to intercept the communication under the Interception Direction otherwise than by the use of an interception device installed on the premises

I ................................ judge of the Eastern Caribbean Supreme Court (Saint Lucia) issue an Entry Warrant under the Act permitting ........................., the Authorised Officer to enter the following premises/vessels—

[List premises and/or vessels]

for the purpose of—

1.  

   (a)     intercepting a postal article or a communication on the premises; [specify the form of communication to be intercepted]

1.  

   (b)     installing and maintaining an interception device on [specify interception device to be installed]; or

1.  

   (c)     removing an interception device from, the premises.* [specify interception device to be removed]

This Entry Warrant is valid for a period of ................ days/weeks/months or the same period as the Interception Direction issued by the Court on the ......... day of................., 20 ............. as Interception Direction number .............. of 20 ................*

* delete as applicable

Signed ...................................................................

Date and Time of issuance ........................................

FORM 8

(Regulation 5(3))

DISCLOSURE ORDER

Case Reference No ..................................

Date ......................................................

Being satisfied upon an ex parte application made by the Attorney General/ Director of Public Prosecutions* supported by an affidavit sworn by ............... an Authorised Officer under section 2( 1) of the Interception of Communications Act, Cap.3.12 (hereinafter referred to as “the Act”) that—

(i)   the requirements of section 21 of the Act have been complied with;

(ii)   protected information has come into the possession of ......................, an Authorised Officer/ the Authorised Officer has reasonable grounds to believe that protected information may come into his or her possession * by virtue of—

1.  

   (a)     an Interception Direction issued by the Court on the .......... day of ..........., 20 ....... as Interception Direction number ....... of 20 ...;

1.  

   (b)     an Entry Warrant issued by the Court on the day of ........, 20 .....; or

1.  

   (c)     other lawful means [specify method] * and that—

(i)   a key to the protected information is in the possession of [specify name of person(s) who has/have possession of the key to the protected information]; and

(ii)   disclosure of the protected information is required in the interest of national security/in the interest of public order.*

IT IS HEREBY ORDERED THAT within .......... hours/days/weeks/months* of the service of this Order on ............................... [specify name of person(s) to whom the Disclosure Order is addressed], that the said ...................... [repeat name of person(s)] take the following action:

[specify communication or key to be disclosed, details of action required of the named person(s), the form and manner in which the action is to be taken and the names of person(s) to whom disclosure is to be made, if there are persons to whom disclosure is to be made in addition to or instead of the Authorised Officer].

NOTES TO ADDRESSEE:

The following is to be read carefully.

1.  

   1.   You are required to comply with the directions stated in the Order above in the manner specified.

1.  

   2.   If you are required to disclose protected information, you must do so only to the person(s) named in this Order.

1.  

   3.   If you are required to disclose protected information in an intelligible form, you will be in compliance with this Order if you—

   1.  

      (i)     instead, disclose any key to that information that is in your possession; or

   1.  

      (ii)     disclose the information in the manner specified to the person(s) named in the Order.

1.  

   4.   If you are required to give access to protected information or to put information in an intelligible form and you are not in possession of that information or cannot do so without the use of a key(s) that is not in your possession, you will be in compliance with this Order if you disclose any key to the protected information that you may have in your possession.

1.  

   5.   If you are disclosing keys to protected information, it is only required that you disclose the keys that are necessary for the retrieving of the required information and putting it in an intelligible form.

1.  

   6.   If you are in possession of different sets or combinations of keys to protected information required to be disclosed by this Order, you may use or disclose any or all of those keys so long as the requisite Disclosure Order may be obtained.

1.  

   7.   If you were in possession of a key(s) to the protected information stipulated in this Order and would have been able to access the information if the key(s) had remained in your possession, you will be in compliance with this Order if you disclose all information you may have that would facilitate the obtaining the discovery of the key(s) to the protected information or the putting of that information into an intelligible form.

1.  

   8.   It is an offence for you to fail to comply with this Order or to disclose any information which you are obliged by this Order to keep confidential.

This Order is valid for a period of ........... days/weeks/months.

Signed ............................................................

Date and Time of issuance .................................

Interception of Communications (Code of Conduct) Regulations – Section 37

(Statutory Instrument 166/2006)

Statutory Instrument 166/2006 .. in force 16 October 2006

ARRANGEMENT OF REGULATIONS

INTERCEPTION OF COMMUNICATIONS (CODE OF CONDUCT) REGULATIONS – SECTION 37

Commencement [16 October 2006]

1.   Citation

These Regulations may be cited as the Interception of Communications (Code of Conduct) Regulations.

2.   Interpretation

In these Regulations—

“Act” means the Interception of Communications Act;

“Code of Conduct” means the Code of Conduct set out in the Schedule;

“officer in charge of interception” means the Commissioner of Police.

3.   Code of Conduct

The Code of Conduct shall, in addition to the provisions of the Act, regulate the conduct of authorised officers under the Act.

Schedule

(Regulation 3)

CODE OF CONDUCT

1.   Conduct of authorised and interception officers

1.  

   (1)   The provisions of this Code of Conduct are in addition to all procedures to be complied with under the Act.

1.  

   (2)   An authorised officer who fails to comply with the procedures set out in this Code of Conduct shall, in addition to all penalties under the Act, be subject to disciplinary sanctions.

2.   Separation of roles

1.  

   (1)   Subject to subsection (2), an authorised officer with access to communications intercepted under the provisions of the Act shall not participate in any investigation or provide evidence for use in court proceedings.

1.  

   (2)   An authorised officer shall not disclose any intercepted material to investigating officers except such information as is necessary to enable investigating officers to obtain independent evidence to support criminal proceedings or to execute a search or seizure of materials, items or evidence to be used in criminal proceedings.

3.   List of persons nominated to act as authorised officers

The Commissioner of Police shall—

1.  

   (a)     keep a register of persons authorised to act as authorised officers in accordance with section 2(1)(e) of the Act;

1.  

   (b)     update the register mentioned in paragraph (a) immediately upon the authorisation of any person in addition to or in place of a person authorised under section 2(1)(e) of the Act; and

1.  

   (c)     keep a register of all written authorisations given to persons authorised in accordance with section 2(1) (e) of the Act.

4.   Preparing and swearing affidavits

1.  

   (1)   An authorised officer shall not—

   1.  

      (a)     use the services of any person other than the Attorney General or the Director of Public Prosecutions in cases where he or she requires assistance in the preparation of an affidavit pursuant to the provisions of the Act; and

   1.  

      (b)     swear to an affidavit except before, a judge, a magistrate or a justice of the peace so authorised in writing by the Chief Justice.

1.  

   (2)   The Commissioner of Police shall keep a register of the names of the judges, magistrates and justices of the peace authorised by the Chief Justice.

5.   Limitation on use of intercepted material

1.  

   (1)   Subject to subsections (2) to (7), an authorised officer shall only make recordings of intercepted communications as required for an investigation.

1.  

   (2)   Additional recordings of intercepted communications may be made for purposes of—

   1.  

      (a)     translation, where necessary; and

   1.  

      (b)     making disclosure to the prosecution in a criminal matter in accordance with section 19(6) of the Act.

1.  

   (3)   Where disclosure of intercepted communications is to be made to the prosecution in accordance with section 19(6) of the Act, the authorised officer shall ensure that—

   1.  

      (a)     disclosure is only made to the prosecutor presenting the case;

   1.  

      (b)     a copy of the indictment and case summary is forwarded to him or her and that he or she peruses the contents before making a disclosure;

   1.  

      (c)     the disclosure is given at a conference with the prosecutor presenting the case; and

   1.  

      (d)     if there is a change of prosecutor or a material change in the nature of the Crown's case, a further indictment and case summary are collected and a further conference is convened.

1.  

   (4)   A case conference may be dispensed with only in cases where the officer in charge of interception—

   1.  

      (a)     receives and reviews the indictment and case summary; and

   1.  

      (b)     decides, upon review of the indictment and case summary, that the prosecution is being advanced in a manner consistent with the Act.

1.  

   (5)   An authorised officer shall ensure that all persons to whom intercepted communication is disclosed—

   1.  

      (a)     acknowledge, in writing, that they have read and understood all security safeguards; and

   1.  

      (b)     only make such notes as may be required for the purpose of disclosure.

1.  

   (6)   The interception officer shall—

   1.  

      (a)     retain all notes made by the prosecutor;

   1.  

      (b)     make such notes available to the prosecutor as requested; and

   1.  

      (c)     destroy all such notes as soon as the purposes for which they have been taken are fulfilled.

6.   Information subject to legal and other privilege

1.  

   (1)   An authorised officer shall seek the advice of the Director of Public Prosecutions or Attorney General in all cases where he or she is uncertain as to whether intercepted communication is subject to legal or other privilege.

1.  

   (2)   An authorised officer who intercepts communication that is subject to a legal or other privilege shall destroy such information at source immediately without making copies or disseminating it unless—

   1.  

      (a)     an entry warrant or interception direction specifically approves the retrieval of the information; and

   1.  

      (b)     it is retained with a clear warning that it is subject to a legal or other privilege.

1.  

   (3)   An authorised officer shall ensure that any communication which is subject to a legal or other privilege and is retained in accordance with this section is—

   1.  

      (a)     destroyed as soon as it is no longer necessary for the purpose for which a direction or warrant is granted; and

   1.  

      (b)     not disclosed to any person involved in the prosecution of any criminal proceedings related to the information.

1.  

   (4)   Any application for an interception direction, entry warrant or disclosure order which is likely to result in the interception of communication subject to a legal or other privilege shall include both an assessment of how likely it is that such information will be intercepted and the reasons why it is considered necessary to intercept the communication in spite of the fact that the information may be subject to a legal or other privilege.

7.   Records and processing of intercepted communications

1.  

   (1)   The officer in charge of interception shall ensure that there is a separate secure computer network for the storage of all intercepted materials.

1.  

   (2)   An authorised officer shall store all records of intercepted communication—

   1.  

      (a)     on the secure computer network established in accordance with subsection (1); and

   1.  

      (b)     apart from intelligence or other materials.

1.  

   (3)   An authorised officer shall not process intercepted communications alongside other information except within the confines of a secure office designated by the officer in charge of interception for that purpose.

8.   Storage of applications, affidavits and related documents

1.  

   (1)   The officer in charge of interception shall—

   1.  

      (a)     create and maintain an accurate system for recording and storing all applications made under the Act including renewals, modification, and cancellation relating to applications;

   1.  

      (b)     ensure that—

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         (i)     original documents are seen by the judge;

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         (ii)     all documents given to the judge are placed by the judge into a sealed envelope;

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         (iii)     all documents and copies given to and prepared by the Attorney General's Chambers or the office of the Director of Public Prosecutions are returned to the officer in charge of interception;

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         (iv)     the envelope sealed by the court is not opened without the Court's expressed authorization;

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         (v)     upon an application for renewal, modification or cancellation of a direction order or warrant, the original document to which the case relates are seen by the judge and the officer of the Attorney General's Chambers or the office of the Director of Public Prosecutions making the application; and

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         (vi)     renewals, modifications and cancellations of applications are made in a timely and efficient manner.

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   (2)   The officer in charge of interception, when creating the system under subsection (1), shall ensure that it identifies each case by—

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      (i)     a unique case reference number;

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      (ii)     the date of issuance and cessation of the relevant direction, order or warrant; and

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      (iii)     the date when the direction, order or warrant was delivered to any person or communications provider.

9.   Procedure for translating intercepted material

Where it is necessary to translate intercepted material, the translation must be—

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   (a)     conducted in the strictest confidence within a secure environment approved by the officer in charge of interception for that purpose; and

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   (b)     performed by a translator chosen from a list of translators approved by the Attorney General.

10.   Involvement of other agencies

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   (1)   Where it is necessary to utilize the facilities of other agencies in the receiving and processing of intercepted communication, the following procedure must be followed—

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      (a)     the officer in charge of interception shall designate an authorised officer to collect the material from the host recording centre;

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      (b)     the authorised officer designated to collect the information will—

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         (i)     follow all security arrangements of the host recording centre before accessing the information;

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         (ii)     remove the information from the host recording centre on digital audio tape designated for such purposes or will remove the information in hard copy form; and

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         (iii)     comply with all procedures under Parts 3 to 5 of the Act regarding the copying of intercepted material.

11.   Procedure for disseminating intercepted material

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   (1)   Intercepted communication shall not be disseminated to anyone unless it is done in accordance with the Act or Regulations made pursuant to section 36(2)(b) of the Act.

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   (2)   Intercepted material shall be disseminated in a secure manner that ensures integrity, confidentiality and complies with the provisions of the Act.