PART 2Prevention, investigation and prosecution of crime
CHAPTER 3Extraction of information from electronic devices
39Requirements for voluntary provision and agreement
1
A person (“P”) is to be treated for the purposes of section 37 or 38 as having—
a
voluntarily provided an electronic device to an authorised person, and
b
agreed to the extraction of information from the device by an authorised person,
only if the requirements of this section have been met.
2
An authorised person must not have placed undue pressure on P to provide the device or agree to the extraction of information from it.
3
An authorised person must have given P notice in writing—
a
specifying or describing the information that is sought,
b
specifying the reason why the information is sought,
c
specifying how the information will be dealt with once it has been extracted,
d
stating that P may refuse to provide the device or agree to the extraction of information from it, and
e
stating that the investigation or enquiry for the purposes of which the information is sought will not be brought to an end merely because P refuses to provide the device or agree to the extraction of information from it.
4
Subject to subsection (5), P must have confirmed in writing that P has—
a
voluntarily provided the device to an authorised person, and
b
agreed to the extraction of information from the device by an authorised person.
5
If P was unable to provide that confirmation in writing as a result of P’s physical impairment or lack of literacy skills—
a
P must have given that confirmation orally, and
b
an authorised person must have recorded P’s confirmation in writing.
6
If P’s confirmation was given in writing and in hard copy form, the authorised person must have given P a copy of that confirmation (in hard copy or electronic form).
7
If P’s confirmation was given orally, the authorised person must have given P a copy of the record of that confirmation (in hard copy or electronic form).