{
  "url": "https://openlegislation.uk/armed-forces-powers-of-stop-and-search-search-seizure-and-retention-amendment-order-2012/article-9",
  "json_url": "https://openlegislation.uk/armed-forces-powers-of-stop-and-search-search-seizure-and-retention-amendment-order-2012/article-9.json",
  "legislation": "uksi/2012/2919",
  "legislation_title": "The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2012",
  "legislation_url": "https://openlegislation.uk/armed-forces-powers-of-stop-and-search-search-seizure-and-retention-amendment-order-2012",
  "path": "article/9",
  "kind": "article",
  "number": "9",
  "heading": "Production orders",
  "text": "(1) Schedule 1 to the 2009 Order (excluded and special procedure material) is further amended as follows.\n(2) For the heading substitute “Access to excluded and special procedure material, and material on premises other than relevant residential premises”.\n(3) In paragraph 1, omit “or other”.\n(4) In paragraph 2(a)(iv), for “is likely to be relevant evidence” substitute “would be likely to be admissible in evidence at a trial for the offence”.\n(5) After paragraph 4 insert—\n“4A. The third set of access conditions is fulfilled if—\n(a) there are reasonable grounds for believing—\n(i) that a relevant offence has been committed;\n(ii) that on premises (other than relevant residential premises) specified in the application, or occupied or controlled by a person so specified, there is material which does not include items subject to legal privilege;\n(iii) that the material is likely to be of substantial value (whether by itself or together with other material) to the investigation in connection with which the application is made; and\n(iv) that the material would be likely to be admissible in evidence at a trial for the offence;\n(b) other methods of obtaining the material—\n(i) have been tried without success; or\n(ii) have not been tried because it appeared that they were bound to fail; and\n(c) it is in the public interest, having regard—\n(i) to the benefit likely to accrue to the investigation if the material is obtained, and\n(ii) to the circumstances under which the person in possession of the material holds it,\nthat the material should be produced or that access to it should be given.”\n(6) After paragraph 11 insert—\n“Failure to comply with orders\n11A. (1) This paragraph applies if a person within section 309(6) of the Act (offences of misbehaviour in court etc) fails to comply with an order under paragraph 5.\n(2) The Court Martial may certify the failure—\n(a) if there are reasonable grounds for believing that the premises on which the material is held are located in a part of the United Kingdom, to any court of law in that part of the United Kingdom which has power to commit for contempt;\n(b) otherwise, to the High Court in England and Wales.\n(3) The court to which the failure is certified may inquire into the matter, and after hearing—\n(a) any witness who may be produced against or on behalf of the person, and\n(b) any statement that may be offered in defence,\nmay deal with the person in any way in which it could deal with the person if the failure had been a failure to comply with an order of that court.”\n(7) In paragraph 12(a)(i), for “either” substitute “the first or second”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2012/2919/article/9",
    "retrieved_at": "2026-10-29T01:12:40.573707+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}