Authority for and admissibility of interception

Authority for and admissibility of interception:

1. (1) A police officer not below the rank of Superintendent of Police supervising the investigation of an organised crime under this Act may submit the applications, in writing, to the Competent Authority for an order authorizing or approving the interception of wire, electronic or oral communication or provision under this Act.
2. (2) An application shall include the following information:
   • (a) the identity of the investigating officer making the application, and the head of the department authorizing the application;
   • (b) a full and complete statement of the facts and circumstances relied upon by the applicant, to justify his belief that an order should be issued including:
     • (i) details as to the offence of organised crime that has been, is being, or is about to be committed;
     • (ii) a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted;
     • (iii) a particular description of the type of communications sought to be intercepted;
     • (iv) the identity of the person, if known, committing the offence of organised crime whose communications are to be intercepted;
   • (c) a full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous;
   • (d) a statement of the period of time for which the interception is required to be maintained;
   • (e) a full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any competent authority for authorization of interceptions involving any of the same persons, facilities or places specified in the application, and the action taken by the authority on each such application;
   • (f) where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain such results.
3. (3) The Competent Authority may require the applicant to furnish additional testimony or documentary evidence in support of the application.
4. (4) Upon such application, the Competent Authority may enter an ex-parte order authorizing or approving interception of wire, electronic or oral communication within the territorial jurisdiction of the State, if the Competent Authority determines on the basis of the facts submitted by the applicant that:
   • (a) there is probable cause for belief that an individual is committing, has committed, or is about to commit a particular offence of organised crime;
   • (b) there is probable cause for belief that particular communications concerning that offence will be obtained through such interception;
   • (c) normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous;
   • (d) there is probable cause for belief that the facilities from which, or the place where, the wire, electronic or oral communication are to be intercepted are being used, or are about to be used, in connection with the commission of such offence, or are leased to, listed in the name of, or commonly used by such person.
5. (5) Each order authorizing or approving the interception of any wire, electronic or oral communication shall specify:
   • (a) the identity of the person, if known, whose communications are to be intercepted;
   • (b) the nature and location of the communications facilities as to which, or the place where, authority to intercept is granted;
   • (c) a particular description of the type of communication sought to be intercepted, and a statement of the particular offence to which it relates;
   • (d) the identity of the agency authorized to intercept the communications, and of the person making the application;
   • (e) the period of time during which such interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.
6. (6) The Competent Authority shall not grant an order under this section for a period of more than sixty days.
7. (7) An order authorizing the interception of a wire, electronic or oral communication under this section shall, upon request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian or other person shall furnish the applicant forthwith all information, facilities and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference.
8. (8) Notwithstanding anything contained in any other law or rule for the time being in force, the evidence obtained or collected through the interception of wire, electronic or oral communication under this section shall be admissible as evidence against the accused in the court during the trial of a case: Provided that the contents of any wire, electronic or oral communication intercepted pursuant to this Act shall not be received in evidence or otherwise disclosed in any trial, hearing or other proceeding unless each accused has been furnished, with a copy of the order of the competent authority, and accompanying application, under which the interception was authorized or approved not less than ten days before trial, hearing or proceeding: Provided further that the period of ten days may be waived by the judge if he finds that it was not possible to furnish the party with the above information ten days before the trial and that the party will not be prejudiced by the delay in receiving such information.