s.11Production of material relevant to a request
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Section 11Part 0 —

Production of material relevant to a request

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Where, pursuant to a request, the Authority considers it necessary to obtain material from any person it shall direct a constable to apply to the Grand Court for an order to produce such material.
If, on an application under subsection (1), the court is satisfied that the conditions in subsection (4) are fulfilled, it may make an order that the person who appears to it to be in possession of the material to which the application relates shall —
produce it to the constable to take away; or
give a constable access to it,
within such period as the order may specify.
The period to be specified in an order under subsection (2) shall be seven days, unless it appears to the court that a longer or shorter period would be appropriate in the particular circumstances of the application.
The conditions referred to in subsection (2) are that there are reasonable grounds for —
suspecting that a specified person has carried on or has benefited from an offence to which this Act applies;
suspecting that the material to which the application relates —
is likely to be of substantial value (whether by itself or together with other material) to the request for the purpose of which the application is made; and
does not consist of or include items subject to legal privilege; and
believing that it is in the public interest, having regard to —
the benefit likely to accrue to the request if the material is obtained; and
the circumstances under which the person in possession of the material holds it,
that the material should be produced or that access to it should be given.
Where the court makes an order under paragraph (b) of subsection (2) in relation to material on any premises it may, on the application of a constable, order any person who appears to it to be entitled to grant entry to the premises to allow a constable to enter the premises to obtain access to the material.
The Rules Committee of the Grand Court may make rules governing the procedure in relation to —
applications for the grant, discharge and variation of orders under this Act; and
proceedings relating to such orders.
Where the material to which an application under this section relates consists of information contained in a computer —
an order under paragraph (a) of subsection (2) shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and
an order under paragraph (b) of subsection (2) shall have effect as an order to give access to the material in a form in which it is visible and legible.
An order under subsection (2) —
shall not confer any right to production of, or access to, items subject to legal privilege; and
shall have effect notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information whether imposed by the Confidential Information Disclosure Act, 2016 [Law 23 of 2016], any other law or the common law.
Where, pursuant to a request, an order under subsection (2) has been made or has been applied for, and has not been refused, or a warrant under section 12 has been issued, a person who, knowing or suspecting that a request has been made, or that an investigation into any matter to which a request is made is taking place, makes any disclosure which is likely to prejudice the request or the investigation to which the request may relate, commits an offence and is liable on conviction on indictment to a fine and to imprisonment for five years.
In proceedings against a person for an offence under this section, it is a defence to prove —
that that person did not know or believe that the disclosure was likely to prejudice the investigation; or
that that person had lawful authority or reasonable excuse for making the disclosure.
Any documents or other written information seized under an order by virtue of this section shall be brought immediately to the Authority to be dealt with according to the Law or the Convention.

Cross References

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