OpenLegislation

Paragraph 11 C1C2

England, Wales and Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(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.

(2)

A warrant under this paragraph shall authorise any constable—

(a)

to enter F1premises mentioned in sub-paragraph (3A),

(b)

to search the premises and any person found there, and

(c)

to seize and retain any relevant material which is found on a search under paragraph (b).

(3)

A warrant under this paragraph shall not authorise—

(a)

the seizure and retention of items subject to legal privilege;

(b)

a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.

F2(3A)

The premises referred to in sub-paragraph (2)(a) are—

(a)

one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or

(b)

any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

(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.

F3(5)

Criminal Procedure Rules may make provision about proceedings relating to a warrant under this paragraph.

Annotations

Textual amendments

F1

Words in Sch. 5 para. 11(2)(a) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(7); S.I. 2006/1013, art. 2

F2

Sch. 5 para. 11(3A) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(8); S.I. 2006/1013, art. 2

F3

Sch. 5 para. 11(5) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 82(4), 115(7); S.I. 2015/994, art. 6(o)

Modifications

C1

Sch. 5 para. 11: power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 71; S.I. 2003/708, art. 2

C2

Sch. 5 para. 11: power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 83; S.I. 2003/708, art. 2