Paragraph 34

United Kingdom

(1)

The F1person who has made an application for a warrant may apply to the judicial authority for an order that specified information upon which he intends to rely be withheld from—

(a)

the person to whom the application relates, and

(b)

anyone representing him.

(2)

Subject to sub-paragraph (3), a judicial authority may make an order under sub-paragraph (1) in relation to specified information only if satisfied that there are reasonable grounds for believing that if the information were disclosed—

(a)

evidence of an offence under any of the provisions mentioned in section 40(1)(a) would be interfered with or harmed,

(b)

the recovery of property obtained as a result of an offence under any of those provisions would be hindered,

(c)

the recovery of property in respect of which a forfeiture order could be made under section 23 F2or 23A would be hindered,

(d)

the apprehension, prosecution or conviction of a person who is suspected of falling within section 40(1)(a) or (b) would be made more difficult as a result of his being alerted,

(e)

the prevention of an act of terrorism would be made more difficult as a result of a person being alerted,

(f)

the gathering of information about the commission, preparation or instigation of an act of terrorism would be interfered with, or

(g)

a person would be interfered with or physically injured.

F3(3)

A judicial authority may also make an order under sub-paragraph (1) in relation to specified information if satisfied that there are reasonable grounds for believing that—

(a)

the detained person has benefited from his criminal conduct, and

(b)

the recovery of the value of the property constituting the benefit would be hindered if the information were disclosed.

(3A)

For the purposes of sub-paragraph (3) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 or 3 of the Proceeds of Crime Act 2002.

(4)

The judicial authority shall direct that the following be excluded from the hearing of the application under this paragraph—

(a)

the person to whom the application for a warrant relates, and

(b)

anyone representing him.

Annotations

Textual amendments

F1: Word in Sch. 8 para. 34(1) substituted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 23(5); S.I. 2006/1936, art. 2
F2: Words in Sch. 8 para. 34(2)(c) inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 6 (with s. 101(2)); S.I. 2009/1256, art. 2(c)
F3: Sch. 8 para. 34(3)(3A) substituted for Sch. 8 para. 34(3) (24.3.2003 subject to certain provisions in the commencing instruments) by 2002 c. 29, s. 456, Sch. 11 para. 39(5); S.I. 2003/333, art. 2, Sch. (as amended by S.I. 2003/531); S.S.I. 2003/210, art. 2, Sch.

Notes on Schedule 8

Textual amendments

F1: Words in Sch. 8 shoulder note substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(a), 208(5)(w)

Modifications

C1: Schs. 7, 8, 14 extended (with modifications) (coming into force in accordance with art. 1(2) of the extending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(b), Sch. 2 (as amended (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(7)(b)(ii)(iii))
C2: Sch. 8 applied (with modifications) (25.7.2006) by Terrorism Act 2006 (c. 11), s. 25(1)(3)(4); S.I. 2006/1936, art. 2