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).