OpenLegislation

Paragraph 11A C1F1

Scotland

(1)

A procurator fiscal may, for the purposes of a terrorist investigation, apply to a sheriff for a warrant under this paragraph in relation to two or more premises specified in the application.

(2)

A procurator fiscal making an application under this paragraph may not include in the premises so specified any which he has reasonable cause to believe are used wholly or mainly as a dwelling.

(3)

On such an application a sheriff may issue a warrant authorising a constable to enter and search the premises specified in the application if the sheriff is satisfied that—

(a)

a terrorist investigation is being carried out; and

(b)

there are reasonable grounds for believing that there is material which is likely to be of substantial value (whether by itself or together with other material) to the investigation to be found on one or more of those premises.

(4)

A warrant under this paragraph shall authorise a constable to enter any of the premises specified in the warrant and to search those premises and any person found there and to seize and retain any material found there or on any such person, if he has reasonable grounds for believing that—

(a)

it is likely to be of substantial value (whether by itself or together with any other material) to the investigation; and

(b)

it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

(5)

Entry and search under a warrant issued under this paragraph must be within 24 hours from the time when the warrant is issued.

(6)

A warrant issued under this paragraph may authorise persons named in the warrant to accompany a constable who is executing it.

Annotations

Textual amendments

F1

Sch. 7 para. 11A inserted (3.4.1996) by 1996 c. 7, s. 2(5)

Modifications

C1

Sch. 7 para. 11A restricted (28.7.1998) by 1998 c. 35, s. 14(3)(a); S.I. 1998/1858, art. 2

Notes on the whole Act

Textual amendments

F1

Act repealed (19.2.2001) by 2000 c. 11, ss. 2(1)(a), 125, Sch. 16 Pt I (with s. 129(1); S.I. 2001/421, art. 2

Notes on Schedule 7

Modifications

C1

Sch. 7 modified (temporary until 15.06.1992) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), s. 57(3).

Notes on Search of non-residential premises

Textual amendments

F1

Sch. 7 para. 11A inserted (3.4.1996) by 1996 c. 7, s. 2(5)