Paragraph 12

England, Wales and Northern Ireland

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

Sch. 5 para. 5(4)(a) words inserted by Courts Act 2003 Sch. 4 para. 9(b)
Sch. 5 para. 5(5) words inserted by Courts Act 2003 Sch. 4 para. 9(a)
Sch. 5 para. 6(1) words inserted by Courts Act 2003 Sch. 4 para. 9(a)
Sch. 5 para. 7(1)(b) words inserted by Courts Act 2003 Sch. 4 para. 9(b)
Sch. 5 para. 10(1) words inserted by Courts Act 2003 Sch. 4 para. 9(a)
Sch. 5 para. 11(1) words inserted by Courts Act 2003 Sch. 4 para. 9(a)
Sch. 5 para. 3(8)(a) words substituted by Criminal Justice Act 2003 Sch. 26 para. 55(4)(a)
Sch. 5 para. 15(5)(a) words substituted by Criminal Justice Act 2003 Sch. 26 para. 55(4)(b)
Sch. 5 para. 5(1) words inserted by Courts Act 2003 Sch. 4 para. 9(a)
Sch. 5 para. 12(1) (2) words inserted by Courts Act 2003 Sch. 4 para. 9(a)
Sch. 5 para. 13(1) words inserted by Courts Act 2003 Sch. 4 para. 9(a)

(1)

A Circuit judge may grant an application F1for a specific premises warrant 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.

(2)

A Circuit judge may also grant an application for a specific premises warrant under paragraph 11 if satisfied that there are reasonable grounds for believing that—

(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

(b)

the conditions in sub-paragraphs (3) and (4) are satisfied.

F2(2A)

A Circuit judge or a District Judge (Magistrates' Courts) may grant an application for an all premises warrant under paragraph 11 if satisfied—

(a)

that an order made under paragraph 5 has not been complied with, and

(b)

that the person specified in the application is also specified in the order.

(2B)

A Circuit judge or a District Judge (Magistrates' Courts) may also grant an application for an all premises warrant under paragraph 11 if satisfied that there are reasonable grounds for believing—

(a)

that there is material on premises to which the application relates which consists of or includes excluded material or special procedure material but does not include items subject to legal privilege, and

(b)

that the conditions in sub-paragraphs (3) and (4) are met.

(3)

The first condition is that—

(a)

the warrant is sought for the purposes of a terrorist investigation, and

(b)

the material is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation.

(4)

The second condition is that it is not appropriate to make an order under paragraph 5 in relation to the material because—

(a)

it is not practicable to communicate with any person entitled to produce the material,

(b)

it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to F3premises to which the application for the warrant relates , or

(c)

a terrorist investigation may be seriously prejudiced unless a constable can secure immediate access to the material.

Annotations

Textual amendments

F1: Words in Sch. 5 para. 12(1)(2) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(9); S.I. 2006/1013, art. 2
F2: Sch. 5 para. 12(2A)(2B) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(10); S.I. 2006/1013, art. 2
F3: Words in Sch. 5 para. 12(4)(b) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(11); S.I. 2006/1013, art. 2