(2A) If the recording has been made by an investigating S. 464JC(2A) official who is not a police officer, the recording inserted by No. 64/2010 must be kept in the custody of the Department s. 4(4), Head for the Department, where the investigating amended by Nos 48/2012 official made the recording in the course of s. 47, 37/2014 carrying out duties for or on behalf of that s. 10(Sch. item 36.20). Department. (2B) A recording referred to in subsection (2) or (2A) S. 464JC(2B) inserted by must be kept for a period of 7 years from the No. 64/2010 making of the recording. s. 4(4). (3) If the court is satisfied that there is good cause to S. 464JC(3) amended by keep a copy of a recording for a period longer No. 64/2010 than 7 years, the court may order that the Chief s. 4(5). Commissioner of Police or the Department Head retain the copy for a further period specified in the order. (4) An application for an order under subsection (3) may be made by— (a) the suspect in relation to whom the recording was made; or (b) an authorised person acting in the performance of his or her duties. (5) The court must not make an order under subsection (3) unless— (a) the court is satisfied that the applicant has S. 464JC(5)(a) amended by given reasonable notice of the application to No. 64/2010 the suspect and the Chief Commissioner of s. 4(6)(a). Police or the Department Head; and (b) the court has given the suspect and the Chief S. 464JC(5)(b) amended by Commissioner of Police or the Department No. 64/2010 Head a reasonable opportunity to be heard. s. 4(6)(b).
S. 464JC(2A) inserted by No. 64/2010 s. 4(4), amended by Nos 48/2012 s. 47, 37/2014 s. 10(Sch. item 36.20). (2A) If the recording has been made by an investigating official who is not a police officer, the recording must be kept in the custody of the Department Head for the Department, where the investigating official made the recording in the course of carrying out duties for or on behalf of that Department. S. 464JC(2B) inserted by No. 64/2010 s. 4(4). (2B) A recording referred to in subsection (2) or (2A) must be kept for a period of 7 years from the making of the recording. S. 464JC(3) amended by No. 64/2010 s. 4(5). (3) If the court is satisfied that there is good cause to keep a copy of a recording for a period longer than 7 years, the court may order that the Chief Commissioner of Police or the Department Head retain the copy for a further period specified in the order. (4) An application for an order under subsection (3) may be made by— (a) the suspect in relation to whom the recording was made; or (b) an authorised person acting in the performance of his or her duties. (5) The court must not make an order under subsection (3) unless— S. 464JC(5)(a) amended by No. 64/2010 s. 4(6)(a). (a) the court is satisfied that the applicant has given reasonable notice of the application to the suspect and the Chief Commissioner of Police or the Department Head; and S. 464JC(5)(b) amended by No. 64/2010 s. 4(6)(b). (b) the court has given the suspect and the Chief Commissioner of Police or the Department Head a reasonable opportunity to be heard.
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