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SCHEDULE 5
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TERRORIST
INVESTIGATIONS: INFORMATION |
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PART
I |
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ENGLAND
AND WALES AND NORTHERN IRELAND |
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Searches |
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1.
- (1) A constable may apply to a justice of the peace for the issue
of a warrant under this paragraph for the purposes of a terrorist
investigation.
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(2)
A warrant under this paragraph shall authorise any constable-
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(a) to enter
the premises specified in the warrant,
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(b) to search
the premises and any person found there, and
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(c) to seize
and retain any relevant material which is found on a search under
paragraph (b).
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(3)
For the purpose of sub-paragraph (2)(c) material is relevant if
the constable has reasonable grounds for believing that-
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(a) it is
likely to be of substantial value, whether by itself or together
with other material, to a terrorist investigation, and
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(b) it must
be seized in order to prevent it from being concealed, lost, damaged,
altered or destroyed.
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(4)
A warrant under this paragraph shall not authorise-
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(a) the seizure
and retention of items subject to legal privilege, or
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(b) a constable
to require a person to remove any clothing in public except for
headgear, footwear, an outer coat, a jacket or gloves.
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(5)
Subject to paragraph 2, a justice may grant an application under
this paragraph if satisfied-
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(a) that the
warrant is sought for the purposes of a terrorist investigation,
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(b) that there
are reasonable grounds for believing that there is material on
premises specified in the application which is likely to be of
substantial value, whether by itself or together with other material,
to a terrorist investigation and which does not consist of or
include excepted material (within the meaning of paragraph 4 below),
and
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(c) that the
issue of a warrant is likely to be necessary in the circumstances
of the case.
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2.
- (1) This paragraph applies where an application is made under
paragraph 1 and-
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(a) the application
is made by a police officer of at least the rank of superintendent,
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(b) the application
does not relate to residential premises, and
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(c) the justice
to whom the application is made is not satisfied of the matter
referred to in paragraph 1(5)(c).
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(2)
The justice may grant the application if satisfied of the matters
referred to in paragraph 1(5)(a) and (b).
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(3)
Where a warrant under paragraph 1 is issued by virtue of this paragraph,
the powers under paragraph 1(2)(a) and (b) are exercisable only
within the period of 24 hours beginning with the time when the warrant
is issued.
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(4)
For the purpose of sub-paragraph (1) "residential premises" means
any premises which the officer making the application has reasonable
grounds for believing are used wholly or mainly as a dwelling.
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3.
- (1) Subject to sub-paragraph (2), a police officer of at least
the rank of superintendent may by a written authority signed by
him authorise a search of specified premises which are wholly or
partly within a cordoned area.
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(2)
A constable who is not of the rank required by sub-paragraph (1)
may give an authorisation under this paragraph if he considers it
necessary by reason of urgency.
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(3)
An authorisation under this paragraph shall authorise any constable-
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(a) to enter
the premises specified in the authority,
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(b) to search
the premises and any person found there, and
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(c) to seize
and retain any relevant material (within the meaning of paragraph
1(3)) which is found on a search under paragraph (b).
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(4)
The powers under sub-paragraph (3)(a) and (b) may be exercised-
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(a) on one
or more occasions, and
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(b) at any
time during the period when the designation of the cordoned area
under section 33 has effect.
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(5)
An authorisation under this paragraph shall not authorise-
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(a) the seizure
and retention of items subject to legal privilege;
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(b) a constable
to require a person to remove any clothing in public except for
headgear, footwear, an outer coat, a jacket or gloves.
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(6)
An authorisation under this paragraph shall not be given unless
the person giving it has reasonable grounds for believing that there
is material to be found on the premises which-
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(a) is likely
to be of substantial value, whether by itself or together with
other material, to a terrorist investigation, and
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(b) does not
consist of or include excepted material.
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(7)
A person commits an offence if he wilfully obstructs a search under
this paragraph.
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(8)
A person guilty of an offence under sub-paragraph (7) shall be liable
on summary conviction to-
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(a) imprisonment
for a term not exceeding three months,
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(b) a fine
not exceeding level 4 on the standard scale, or
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Excepted material |
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4.
In this Part-
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(a) "excluded
material" has the meaning given by section 11 of the Police and
Criminal Evidence Act 1984,
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(b) "items
subject to legal privilege" has the meaning given by section 10
of that Act, and
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(c) "special
procedure material" has the meaning given by section 14 of that
Act;
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and
material is "excepted material" if it falls within any of paragraphs
(a) to (c).
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Excluded and special procedure material: production & access |
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5.
- (1) A constable may apply to a Circuit judge for an order under
this paragraph for the purposes of a terrorist investigation.
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(2)
An application for an order shall relate to particular material,
or material of a particular description, which consists of or includes
excluded material or special procedure material.
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(3)
An order under this paragraph may require a specified person-
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(a) to produce
to a constable within a specified period for seizure and retention
any material which he has in his possession, custody or power
and to which the application relates;
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(b) to give
a constable access to any material of the kind mentioned in paragraph
(a) within a specified period;
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(c) to state
to the best of his knowledge and belief the location of material
to which the application relates if it is not in, and it will
not come into, his possession, custody or power within the period
specified under paragraph (a) or (b).
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(4)
For the purposes of this paragraph-
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(a) an order
may specify a person only if he appears to the Circuit judge to
have in his possession, custody or power any of the material to
which the application relates, and
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(b) a period
specified in an order shall be the period of seven days beginning
with the date of the order unless it appears to the judge that
a different period would be appropriate in the particular circumstances
of the application.
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(5)
Where a Circuit judge makes an order under sub-paragraph (3)(b)
in relation to material on any premises, he may, on the application
of a constable, order any person who appears to the judge to be
entitled to grant entry to the premises to allow any constable to
enter the premises to obtain access to the material.
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6.
- (1) A Circuit judge may grant an application under paragraph 5
if satisfied-
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(a) that the
material to which the application relates consists of or includes
excluded material or special procedure material,
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(b) that it
does not include items subject to legal privilege, and
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(c) that the
conditions in sub-paragraphs (2) and (3) are satisfied in respect
of that material.
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(2)
The first condition is that-
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(a) the order
is sought for the purposes of a terrorist investigation, and
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(b) there
are reasonable grounds for believing that the material is likely
to be of substantial value, whether by itself or together with
other material, to a terrorist investigation.
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(3)
The second condition is that there are reasonable grounds for believing
that it is in the public interest that the material should be produced
or that access to it should be given having regard-
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(a) to the
benefit likely to accrue to a terrorist investigation if the material
is obtained, and
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(b) to the
circumstances under which the person concerned has any of the
material in his possession, custody or power.
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7.
- (1) An order under paragraph 5 may be made in relation to-
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(a) material
consisting of or including excluded or special procedure material
which is expected to come into existence within the period of
28 days beginning with the date of the order;
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(b) a person
who the Circuit judge thinks is likely to have any of the material
to which the application relates in his possession, custody or
power within that period.
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(2)
Where an order is made under paragraph 5 by virtue of this paragraph,
paragraph 5(3) shall apply with the following modifications-
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(a) the order
shall require the specified person to notify a named constable
as soon as is reasonably practicable after any material to which
the application relates comes into his possession, custody or
power,
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(b) the reference
in paragraph 5(3)(a) to material which the specified person has
in his possession, custody or power shall be taken as a reference
to the material referred to in paragraph (a) above which comes
into his possession, custody or power, and
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(c) the reference
in paragraph 5(3)(c) to the specified period shall be taken as
a reference to the period of 28 days beginning with the date of
the order.
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(3)
Where an order is made under paragraph 5 by virtue of this paragraph,
paragraph 5(4) shall not apply and the order-
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(a) may only
specify a person falling within sub-paragraph (1)(b), and
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(b) shall
specify the period of seven days beginning with the date of notification
required under sub-paragraph (2)(a) unless it appears to the judge
that a different period would be appropriate in the particular
circumstances of the application.
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8.
- (1) An order under paragraph 5-
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(a) shall
not confer any right to production of, or access to, items subject
to legal privilege, and
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(b) shall
have effect notwithstanding any restriction on the disclosure
of information imposed by statute or otherwise.
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(2)
Where the material to which an application under paragraph 5 relates
consists of information contained in a computer-
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(a) an order
under paragraph 5(3)(a) 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
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(b) an order
under paragraph 5(3)(b) shall have effect as an order to give
access to the material in a form in which it is visible and legible.
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9.
- (1) An order under paragraph 5 may be made in relation to material
in the possession, custody or power of a government department.
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(2)
Where an order is made by virtue of sub-paragraph (1)-
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(a) it shall
be served as if the proceedings were civil proceedings against
the department, and
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(b) it may
require any officer of the department, whether named in the order
or not, who may for the time being have in his possession, custody
or power the material concerned, to comply with the order.
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(3)
In this paragraph "government department" means an authorised government
department for the purposes of the Crown Proceedings Act 1947.
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10.
- (1) An order of a Circuit judge under paragraph 5 shall have effect
as if it were an order of the Crown Court.
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(2)
Crown Court Rules may make provision about proceedings relating
to an order under paragraph 5.
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(3)
In particular, the rules may make provision about the variation
or discharge of an order.
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Excluded or special procedure material: search |
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11.
- (1) A constable may apply to a Circuit judge for the issue of
a warrant under this paragraph for the purposes of a terrorist investigation.
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(2)
A warrant under this paragraph shall authorise any constable-
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(a) to enter
the premises specified in the warrant,
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(b) to search
the premises and any person found there, and
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(c) to seize
and retain any relevant material which is found on a search under
paragraph (b).
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(3)
A warrant under this paragraph shall not authorise-
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(a) the seizure
and retention of items subject to legal privilege;
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(b) a constable
to require a person to remove any clothing in public except for
headgear, footwear, an outer coat, a jacket or gloves.
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(4)
For the purpose of sub-paragraph (2)(c) material is relevant if
the constable has reasonable grounds for believing that it is likely
to be of substantial value, whether by itself or together with other
material, to a terrorist investigation.
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12.
- (1) A Circuit judge may grant an application under paragraph 11
if satisfied that an order made under paragraph 5 in relation to
material on the premises specified in the application has not been
complied with.
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(2)
A Circuit judge may also grant an application under paragraph 11
if satisfied that there are reasonable grounds for believing that-
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(a) there
is material on premises specified in the application which consists
of or includes excluded material or special procedure material
but does not include items subject to legal privilege, and
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(b) the conditions
in sub-paragraphs (3) and (4) are satisfied.
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(3)
The first condition is that-
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(a) the warrant
is sought for the purposes of a terrorist investigation, and
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(b) the material
is likely to be of substantial value, whether by itself or together
with other material, to a terrorist investigation.
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(4)
The second condition is that it is not appropriate to make an order
under paragraph 5 in relation to the material because-
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(a) it is
not practicable to communicate with any person entitled to produce
the material,
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(b) it is
not practicable to communicate with any person entitled to grant
access to the material or entitled to grant entry to the premises
on which the material is situated, or
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(c) a terrorist
investigation may be seriously prejudiced unless a constable can
secure immediate access to the material.
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Explanations |
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13.
- (1) A constable may apply to a Circuit judge for an order under
this paragraph requiring any person specified in the order to provide
an explanation of any material-
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(a) seized
in pursuance of a warrant under paragraph 1 or 11, or
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(b) produced
or made available to a constable under paragraph 5.
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(2)
An order under this paragraph shall not require any person to disclose
any information which he would be entitled to refuse to disclose
on grounds of legal professional privilege in proceedings in the
High Court.
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(3)
But a lawyer may be required to provide the name and address of
his client.
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(4)
A statement by a person in response to a requirement imposed by
an order under this paragraph-
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(a) may be
made orally or in writing, and
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(b) may be
used in evidence against him only on a prosecution for an offence
under paragraph 14.
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(5)
Paragraph 10 shall apply to orders under this paragraph as it applies
to orders under paragraph 5.
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14.
- (1) A person commits an offence if, in purported compliance with
an order under paragraph 13, he-
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(a) makes
a statement which he knows to be false or misleading in a material
particular, or
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(b) recklessly
makes a statement which is false or misleading in a material particular.
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(2)
A person guilty of an offence under sub-paragraph (1) shall be liable-
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(a) on conviction
on indictment, to imprisonment for a term not exceeding two years,
to a fine or to both, or
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(b) on summary
conviction, to imprisonment for a term not exceeding six months,
to a fine not exceeding the statutory maximum or to both.
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Urgent cases |
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15.
- (1) A police officer of at least the rank of superintendent may
by a written order signed by him give to any constable the authority
which may be given by a search warrant under paragraph 1 or 11.
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(2)
An order shall not be made under this paragraph unless the officer
has reasonable grounds for believing-
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(a) that the
case is one of great emergency, and
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(b) that immediate
action is necessary.
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(3)
Where an order is made under this paragraph particulars of the case
shall be notified as soon as is reasonably practicable to the Secretary
of State.
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(4)
A person commits an offence if he wilfully obstructs a search under
this paragraph.
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(5)
A person guilty of an offence under sub-paragraph (4) shall be liable
on summary conviction to-
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(a) imprisonment
for a term not exceeding three months,
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(b) a fine
not exceeding level 4 on the standard scale, or
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16.
- (1) If a police officer of at least the rank of superintendent
has reasonable grounds for believing that the case is one of great
emergency he may by a written notice signed by him require any person
specified in the notice to provide an explanation of any material
seized in pursuance of an order under paragraph 15.
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(2)
Sub-paragraphs (2) to (4) of paragraph 13 and paragraph 14 shall
apply to a notice under this paragraph as they apply to an order
under paragraph 13.
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(3)
A person commits an offence if he fails to comply with a notice
under this paragraph.
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(4)
It is a defence for a person charged with an offence under sub-paragraph
(3) to show that he had a reasonable excuse for his failure.
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(5)
A person guilty of an offence under sub-paragraph (3) shall be liable
on summary conviction to-
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(a) imprisonment
for a term not exceeding six months,
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(b) a fine
not exceeding level 5 on the standard scale, or
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Supplementary |
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17.
For the purposes of sections 21 and 22 of the Police and Criminal
Evidence Act 1984 (seized material: access, copying and retention)-
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(a) a terrorist
investigation shall be treated as an investigation of or in connection
with an offence, and
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(b) material
produced in pursuance of an order under paragraph 5 shall be treated
as if it were material seized by a constable.
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Northern Ireland |
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18.
In the application of this Part to Northern Ireland-
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(a) the reference
in paragraph 4(a) to section 11 of the Police and Criminal Evidence
Act 1984 shall be taken as a reference to Article 13 of the Police
and Criminal Evidence (Northern Ireland) Order 1989,
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(b) the reference
in paragraph 4(b) to section 10 of that Act shall be taken as
a reference to Article 12 of that Order,
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(c) the reference
in paragraph 4(c) to section 14 of that Act shall be taken as
a reference to Article 16 of that Order,
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(d) the references
in paragraph 9(1) and (2) to "government department" shall be
taken as including references to an authorised Northern Ireland
department for the purposes of the Crown Proceedings Act 1947,
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(e) the reference
in paragraph 10(2) to "Crown Court Rules" shall be taken as a
reference to county court rules,
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(f) the reference
in paragraph 17 to sections 21 and 22 of the Police and Criminal
Evidence Act 1984 shall be taken as a reference to Articles 23
and 24 of the Police and Criminal Evidence (Northern Ireland)
Order 1989, and
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(g) references
to "a Circuit judge" shall be taken as references to a county
court judge.
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19.
- (1) The Secretary of State may by a written order which relates
to specified premises give to any constable in Northern Ireland-
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(a) the authority
which may be given by a search warrant under paragraph 1;
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(b) the authority
which may be given by a search warrant under paragraph 11.
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(2)
An order shall not be made under this paragraph unless-
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(a) it appears
to the Secretary of State that the information which it would
be necessary to provide to the court in support of an application
for a warrant would, if disclosed, be likely to place any person
in danger or prejudice the capability of members of the Royal
Ulster Constabulary to investigate an offence under any of sections
15 to 18 or under section 56, and
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(b) the order
is made for the purposes of an investigation of the commission,
preparation or instigation of an offence under any of sections
15 to 18 or under section 56.
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(3)
The Secretary of State may make an order under sub-paragraph (1)(a)
in relation to particular premises only if satisfied-
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(a) that there
are reasonable grounds for believing that there is material on
the premises which is likely to be of substantial value, whether
by itself or together with other material, to the investigation
mentioned in sub-paragraph (2)(b), and which does not consist
of or include excepted material, and
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(b) that the
authority of an order is likely to be necessary in the circumstances
of the case.
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(4)
The Secretary of State may make an order under sub-paragraph (1)(b)
in relation to particular premises if satisfied that an order made
under paragraph 5 in relation to material on the premises has not
been complied with.
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(5)
The Secretary of State may also make an order under sub-paragraph
(1)(b) in relation to particular premises if satisfied that there
are reasonable grounds for believing that-
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(a) there
is material on the premises which consists of or includes excluded
material or special procedure material but does not include items
subject to legal privilege,
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(b) the material
is likely to be of substantial value, whether by itself or together
with other material, to the investigation mentioned in sub-paragraph
(2)(b), and
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(c) an order
under paragraph 5 would not be appropriate in relation to the
material for the reason mentioned in paragraph 12(4)(a) or (b)
or because the investigation mentioned in sub-paragraph (2)(b)
might be seriously prejudiced unless a constable can secure immediate
access to the material.
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(6)
An order under sub-paragraph (1)(b) may not be made except in the
circumstances specified in sub-paragraphs (4) and (5).
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(7)
A person commits an offence if he wilfully obstructs a search under
this paragraph.
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(8)
A person guilty of an offence under sub-paragraph (7) shall be liable
on summary conviction to-
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(a) imprisonment
for a term not exceeding three months,
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(b) a fine
not exceeding level 4 on the standard scale, or
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20.
- (1) The Secretary of State may exercise the power to make an order
under paragraph 5 in relation to any person in Northern Ireland
who is specified in the order.
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(2)
An order shall not be made by virtue of this paragraph unless it
appears to the Secretary of State that the information which it
would be necessary to provide to a county court judge in support
of an application for an order under paragraph 5 would, if disclosed-
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(a) be likely
to place any person in danger, or
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(b) be likely
to prejudice the capability of members of the Royal Ulster Constabulary
to investigate an offence under any of sections 15 to 18 or under
section 56.
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(3)
Paragraphs 5 to 9 shall apply to the making of an order under paragraph
5 by virtue of this paragraph with the following modifications-
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(a) references
to a county court judge shall be taken as references to the Secretary
of State,
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(b) the references
to "a terrorist investigation" in paragraphs 5(1) and 6(2)(a)
shall be taken as references to an investigation of the commission,
preparation or instigation of an offence under any of sections
15 to 18 or under section 56, and
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(c) the references
to "a terrorist investigation" in paragraphs 6(2)(b) and 6(3)(a)
shall be taken as references to the investigation mentioned in
paragraph 6(2)(a).
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(4)
Paragraph 10 shall not apply in relation to an order made under
paragraph 5 by virtue of this paragraph.
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(5)
The Secretary of State may vary or revoke an order made by virtue
of this paragraph.
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(6)
A person commits an offence if he contravenes an order made by virtue
of this paragraph.
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(7)
A person guilty of an offence under sub-paragraph (6) shall be liable-
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(a) on conviction
on indictment, to imprisonment for a term not exceeding two years,
to a fine or to both, or
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(b) on summary
conviction, to imprisonment for a term not exceeding six months,
to a fine not exceeding the statutory maximum or to both.
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21.
- (1) The Secretary of State may by a written order require any
person in Northern Ireland who is specified in the order to provide
an explanation of any material-
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(a) seized
in pursuance of an order under paragraph 19, or
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(b) produced
or made available to a constable in pursuance of an order made
by virtue of paragraph 20.
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(2)
The provisions of paragraphs 13(2) to (4) and 14 shall apply to
an order under this paragraph as they apply to an order under paragraph
13.
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(3)
The provisions of paragraph 16(3) to (5) shall apply to an order
under this paragraph as they apply to a notice under paragraph 16.
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PART
II |
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SCOTLAND |
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Order for production of material |
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22.
- (1) The procurator fiscal may apply to the sheriff for an order
under this paragraph for the purposes of a terrorist investigation.
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(2)
An application for an order shall relate to particular material,
or material of a particular description.
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(3)
An order under this paragraph may require a specified person-
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(a) to produce
to a constable within a specified period for seizure and retention
any material which he has in his possession, custody or power
and to which the application relates;
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(b) to give
a constable access to any material of the kind mentioned in paragraph
(a) within a specified period;
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(c) to state
to the best of his knowledge and belief the location of material
to which the application relates if it is not in, and it will
not come into, his possession, custody or power within the period
specified under paragraph (a) or (b).
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(4)
For the purposes of this paragraph-
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(a) an order
may specify a person only if he appears to the sheriff to have
in his possession, custody or power any of the material to which
the application relates, and
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(b) a period
specified in an order shall be the period of seven days beginning
with the date of the order unless it appears to the sheriff that
a different period would be appropriate in the particular circumstances
of the application.
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(5)
Where the sheriff makes an order under sub-paragraph (3)(b) in relation
to material on any premises, he may, on the application of the procurator
fiscal, order any person who appears to the sheriff to be entitled
to grant entry to the premises to allow any constable to enter the
premises to obtain access to the material.
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23.
- (1) The sheriff may grant an application under paragraph 22 if
satisfied that the conditions in sub-paragraphs (2) and (3) are
satisfied in respect of that material.
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(2)
The first condition is that-
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(a) the order
is sought for the purposes of a terrorist investigation, and
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(b) there
are reasonable grounds for believing that the material is likely
to be of substantial value, whether by itself or together with
other material, to a terrorist investigation.
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(3)
The second condition is that there are reasonable grounds for believing
that it is in the public interest that the material should be produced
or that access to it should be given having regard-
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(a) to the
benefit likely to accrue to a terrorist investigation if the material
is obtained, and
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(b) to the
circumstances under which the person concerned has any of the
material in his possession, custody or power.
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24.
- (1) An order under paragraph 22 may be made in relation to a person
who appears to the sheriff to be likely to have any of the material
to which the application relates in his possession, custody or power
within the period of 28 days beginning with the date of the order.
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(2)
Where an order is made under paragraph 22 by virtue of this paragraph,
paragraph 22(3) shall apply with the following modifications-
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(a) the order
shall require the specified person to notify a named constable
as soon as is reasonably practicable after any material to which
the application relates comes into his possession, custody or
power,
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(b) the reference
in paragraph 22(3)(a) to material which the specified person has
in his possession, custody or power shall be taken as a reference
to the material referred to in paragraph (a) above which comes
into his possession, custody or power, and
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(c) the reference
in paragraph 22(3)(c) to the specified period shall be taken as
a reference to the period of 28 days beginning with the date of
the order.
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(3)
Where an order is made under paragraph 22 by virtue of this paragraph,
paragraph 22(4) shall not apply and the order-
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(a) may only
specify a person falling within sub-paragraph (1), and
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(b) shall
specify the period of seven days beginning with the date of notification
required under sub-paragraph (2)(a) unless it appears to the sheriff
that a different period would be appropriate in the particular
circumstances of the application.
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25.
- (1) Subject to paragraph 33(1), an order under paragraph 22 shall
have effect notwithstanding any obligation as to secrecy or other
restriction on the disclosure of the information imposed by statute
or otherwise.
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(2)
Where the material to which an application under paragraph 22 relates
consists of information contained in a computer-
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|
(a) an order
under paragraph 22(3)(a) 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
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(b) an order
under paragraph 22(3)(b) shall have effect as an order to give
access to the material in a form in which it is visible and legible.
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26.
- (1) An order under paragraph 22 may be made in relation to material
in the possession, custody or power of a government department.
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(2)
Where an order is made by virtue of sub-paragraph (1)-
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(a) it shall
be served as if the proceedings were civil proceedings against
the department, and
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(b) it may
require any officer of the department, whether named in the order
or not, who may for the time being have in his possession, custody
or power the material concerned, to comply with it.
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(3)
In this paragraph "government department" means a public department
within the meaning of the Crown Suits Scotland Act 1857 and any
part of the Scottish Administration.
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27.
- (1) Provision may be made by Act of Adjournal as to-
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(a) the recall
and variation of orders under paragraph 22; and
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(b) proceedings
relating to such orders.
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(2)
The following provisions shall have effect pending the coming into
force of an Act of Adjournal under sub-paragraph (1)-
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(a) an order
under paragraph 22 may be recalled or varied by the sheriff on
a written application made to him by any person subject to the
order;
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(b) unless
the sheriff otherwise directs on grounds of urgency, the applicant
shall, not less than 48 hours before making the application, send
a copy of it and a notice in writing of the time and place where
the application is to be made to the procurator fiscal on whose
application the order was made.
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Searches |
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28.
- (1) The procurator fiscal may apply to the sheriff to grant a
warrant under this paragraph for the purposes of a terrorist investigation.
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(2)
A warrant under this paragraph shall authorise any constable-
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(a) to enter
the premises specified in the warrant,
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(b) to search
the premises and any person found there, and
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(c) to seize
and retain any relevant material which is found on a search under
paragraph (b).
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|
(3)
For the purpose of sub-paragraph (2)(c) material is relevant if
the constable has reasonable grounds for believing that it is likely
to be of substantial value, whether by itself or together with other
material, to a terrorist investigation.
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(4)
The sheriff may grant an application under this paragraph if satisfied-
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|
(a) that the
warrant is sought for the purposes of a terrorist investigation,
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|
(b) that there
are reasonable grounds for believing that there is material on
premises specified in the application which is likely to be of
substantial value to a terrorist investigation, and
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|
(c) that one
of the conditions in paragraph 29 is satisfied.
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|
(5)
Where a warrant is granted in relation to non-residential premises,
the entry and search must be within the period of 24 hours beginning
with the time when the warrant is granted.
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(6)
For the purpose of sub-paragraph (5) "non-residential premises"
means any premises other than those which the procurator fiscal
has reasonable grounds for believing are used wholly or mainly as
a dwelling.
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(7)
A warrant under this paragraph may authorise the persons named in
the warrant to accompany the constable who is executing it.
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29.
- (1) The conditions referred to in paragraph 28(4)(c) are-
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|
(a) that an
order made under paragraph 28 in relation to material on the premises
has not been complied with, or
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|
(b) that for
any of the reasons mentioned in sub-paragraph (2) it would not
be appropriate to make such an order.
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|
(2)
The reasons are-
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|
(a) it is
not practicable to communicate with any person entitled to produce
the material,
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|
(b) it is
not practicable to communicate with any person entitled to grant
access to the material or entitled to grant entry to the premises
on which the material is situated, or
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|
(c) the investigation
for the purposes of which the application is made may be seriously
prejudiced unless a constable can secure immediate access to the
material.
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Explanations |
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30.
- (1) The procurator fiscal may apply to the sheriff for an order
under this paragraph requiring any person specified in the order
to provide an explanation of any material-
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(a) seized
in pursuance of a warrant under paragraph 28, or
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|
(b) produced
or made available to a constable under paragraph 22.
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(2)
Without prejudice to paragraph 33(1), an order under this paragraph
may require a lawyer to provide the name and address of his client.
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|
(3)
A statement by a person in response to a requirement imposed by
an order under this paragraph may only be used in evidence against
him-
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|
(a) on a prosecution
for an offence under section 2 of the False Oaths (Scotland) Act
1933, or
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|
(b) on a prosecution
for some other offence where in giving evidence he makes a statement
inconsistent with it.
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|
(4)
Paragraphs 26 and 27 shall apply to orders under this paragraph
as they apply to orders under paragraph 22.
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|
Urgent cases |
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31.
- (1) A police officer of at least the rank of superintendent may
by a written order signed by him give to any constable the authority
which may be given by a search warrant under paragraph 28.
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|
(2)
An order shall not be made under this paragraph unless the officer
has reasonable grounds for believing-
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|
(a) that the
case is one of great emergency, and
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|
(b) that immediate
action is necessary.
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|
(3)
Where an order is made under this paragraph particulars of the case
shall be notified as soon as is reasonably practicable to the Secretary
of State.
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|
32.
- (1) If a police officer of at least the rank of superintendent
has reasonable grounds for believing that the case is one of great
emergency he may by a written notice signed by him require any person
specified in the notice to provide an explanation of any material
seized in pursuance of an order under paragraph 22.
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|
(2)
Sub-paragraphs (2) and (3) of paragraph 30 shall apply to a notice
under this paragraph as they apply to an order under that paragraph.
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|
(3)
A person commits an offence if he fails to comply with a notice
under this paragraph.
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|
(4)
It is a defence for a person charged with an offence under sub-paragraph
(3) to show that he had a reasonable excuse for his failure.
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|
(5)
A person guilty of an offence under sub-paragraph (3) is liable
on summary conviction to imprisonment for a term not exceeding six
months, to a fine not exceeding level 5 on the standard scale or
to both.
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|
Supplementary |
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33.
- (1) This Part of this Schedule is without prejudice to any rule
of law whereby-
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|
(a) communications
between a professional legal adviser and his client, or
|
|
(b) communications
made in connection with or in contemplation of legal proceedings
and for the purposes of those proceedings,
|
|
are
in legal proceedings protected from disclosure on the ground of
confidentiality.
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|
(2)
For the purpose of exercising any powers conferred on him under
this Part of this Schedule a constable may, if necessary, open lockfast
places on premises specified in an order under paragraph 22, a warrant
under paragraph 28 or a notice under paragraph 32.
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|
(3)
A search of a person under this Part of this Schedule may only be
carried out by a person of the same sex.
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