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Cap. 621 · Proceeds Of Crime Act (Cap. 621)

Cap. 621 Art. 34Investigation order.              Cap. 9.

PART IV

En vigueurTexte officiel

(1) Where the Attorney General has reasonable cause to suspect that a person is guilty of a relevant offence, the Attorney General may apply to the Criminal Court for an Order (hereinafter referred to as an "Investigation Order") requiring that a person or persons named in the Order who may be in possession of particular material or material of a particular description which is likely to be of substantial value (whether alone or together with other material) to the investigation or, in connection with the suspect, shall produce or grant access to such material to the applicant, and by virtue of such an Investigation Order, the applicant or any person authorised by him shall have power to enter any house, building or enclosure for the purpose of searching for such material.

(2) The provisions of article 16 shall mutatis mutandis apply with regard to an Investigation Order.

(3) Where the material subject to an Investigation Order consists of information contained in a computer, the Investigation Order shall have effect as an order to produce or give access to such material in a form in which it can be taken away and in which it is visible and legible.

(4) Where in the course of an investigation, pursuant to an order under this article, the person conducting the investigation has reason to believe that any person may have information regarding a relevant offence, the person conducting the investigation shall request a

Magistrate to hear such person on oath, and the Magistrate shall forthwith hear the person on oath and draw up a procès-verbal containing such testimony, and the procès-verbal so drawn up and the evidence therein recorded shall have the same probatory value as a procès-verbal drawn up and evidence recorded in procedures pursuant to Title II of Part II of Book Second of the Criminal Code.

(5) Sub-article (2) of article 33 shall apply to an application for the issue of an Investigation Order and to the decision of the Criminal Court with regard to any such application.

(6) Where an Investigation Order has been carried out, a report of the result of the investigation shall also be made available to the Director.

(7) (a) Where it appears to the Attorney General that an Investigation Order may lead to the discovery of material constituting proceeds of crime or information as to their location, he may request the court that the person conducting the investigation be accompanied by the Director.

(b) The Director may, when accompanying the person conducting the investigation, enter any house, building or enclosure, or boarding a craft or vehicle subject to the investigation, in accordance with sub-article (1), make a record of any material in such house, building or enclosure or on board the craft or inside the vehicle that may constitute proceeds of crime, and shall for such purpose have any such material photographed, weighed, measured and valued by experts.

(c) Where the presence of the Director has not been requested by the Attorney General in accordance with paragraph (a) of this sub-article and the need for the Director to enter any house, building or enclosure or to board any craft or vehicle or to conduct any operation as mentioned in paragraph (b) hereof results to the Attorney General after the Investigation Order has been carried out, or the Director informs the Attorney General of such need following the receipt of a report made available to him in accordance with sub-article (6) hereof, the Attorney General may request the Court to authorise the person conducting the investigation to again enter such house, building or enclosure, or to board such craft or enter such vehicle accompanied by the Director for the purpose of conducting the operations as are mentioned in paragraph (b).