Paragraph 5

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)

F1An appropriate officer may apply to a Circuit judge for an order under this paragraph for the purposes of a terrorist investigation.

F2(1A)

Where the appropriate officer is a counter-terrorism financial investigator, the officer may apply for an order under this paragraph only for the purposes of a terrorist investigation so far as relating to terrorist property.

(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.

C1 C2 C3 C4(3)

An order under this paragraph may require a specified person—

(a)

to produce to F3an appropriate officer 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;

(b)

to give F4an appropriate officer access to any material of the kind mentioned in paragraph (a) within a specified period;

(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).

(4)

For the purposes of this paragraph—

(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

(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.

C5 C6 C7 C8(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.

F5(6)

“Appropriate officer” means—

(a)

a constable, or

(b)

a counter-terrorism financial investigator.

Annotations

Textual amendments

F1: Words in Sch. 5 para. 5(1) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(3)(a)(i), 58(4)(6)
F2: Sch. 5 para. 5(1A) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(3)(a)(ii), 58(4)(6)
F3: Words in Sch. 5 para. 5(3)(a) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(3)(a)(iii), 58(4)(6)
F4: Words in Sch. 5 para. 5(3)(b) substituted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(3)(a)(iv), 58(4)(6)
F5: Sch. 5 para. 5(6) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(3)(a)(v), 58(4)(6)

Modifications

C1: Sch. 5 para. 5(3) modified (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 13(3)(4) (with art. 13(1))
C2: Sch. 5 para. 5(3) modified (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 38(3)(4) (with art. 38(1))
C3: Sch. 5 para. 5(3) modified (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 25(3)(4) (with art. 25(1))
C4: Sch. 5 para. 5(3) modified (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 37(3)(4) (with art. 37(1))
C5: Sch. 5 para. 5(5) modified (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 37(5)(6) (with art. 37(1))
C6: Sch. 5 para. 5(5) modified (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 25(5)(6) (with art. 25(1))
C7: Sch. 5 para. 5(5) modified (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 38(5)(6) (with art. 38(1))
C8: Sch. 5 para. 5(5) modified (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 13(5)(6) (with art. 13(1))