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—
-
(a) of intercepting a postal article or a communication on the premises; [specify the form of communication to be intercepted];
-
(b) for installing and maintaining an interception device on; or
-
(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—
-
(a) intercepting a postal article or a communication on the premises; [specify the form of communication to be intercepted]
-
(b) installing and maintaining an interception device on [specify interception device to be installed]; or
-
(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—
-
(a) an Interception Direction issued by the Court on the .......... day of ..........., 20 ....... as Interception Direction number ....... of 20 ...;
-
(b) an Entry Warrant issued by the Court on the day of ........, 20 .....; or
-
(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. You are required to comply with the directions stated in the Order above in the manner specified.
-
2. If you are required to disclose protected information, you must do so only to the person(s) named in this Order.
-
3. If you are required to disclose protected information in an intelligible form, you will be in compliance with this Order if you—
-
(i) instead, disclose any key to that information that is in your possession; or
-
(ii) disclose the information in the manner specified to the person(s) named in the Order.
-
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.
-
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.
-
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.
-
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.
-
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 .................................