Section 118
of Criminal Asset Recovery Order, 2012
Section 118
(1)
Notwithstanding the provisions of any other written law, the Public Prosecutor, if he considers that it is likely to contain any information which is relevant for the purpose of any investigation into an offence under this Order, may, on the application of an authorised officer, authorise the said officer –
(a)
to intercept, detain and open any postal article in the course of transmission by post;
(b)
to intercept any message transmitted or received by any telecommunication; or
(c)
to intercept, listen to and record any conversation by any telecommunication, and listen to the recording of the intercepted conversation.
(2)
When any person is charged with an offence under this Order, any information obtained by a police officer under subsection (1), whether before or after such person is charged, shall be admissible at his trial in evidence.
(3)
An authorisation by the Public Prosecutor under subsection (1) may be given either orally or in writing; but if an oral authorisation is given, the Public Prosecutor shall, as soon as practicable, reduce the authorisation into writing.
(4)
A certificate by the Public Prosecutor stating that the action taken by the police officer under subsection (1) had been authorised by him under that subsection shall be conclusive evidence that it had been so authorised, and such certificate shall be admissible in evidence without proof of signature thereof.
(5)
No person shall be under any duty, obligation or liability, or be in any manner compelled, to disclose in any proceedings the procedure, method, manner or means, or any matter related thereto, of any thing done under subsection (1)(a), (b) or (c).
(6)
In this section –
“postal article” has the same meaning as in the Post Office Act (Chapter 52);
Incorporating amendments until S 22/2017
(Cleancopy) NHN/Amiriah/Bb/Karimah as of 26.12.2019
*Note: amendment on page 7,75,81,123 on 11.01.2020
117
BLUV as at 11th March 2017
“Public Prosecutor” means the Public Prosecutor personally;
“telecommunication” has the same meaning as in the Telecommunications Order, 2001
(S 38/2001).
Power to obtain telecommunication records.