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Police and Criminal Evidence Act 1984

Status:

This is the original version (as it was originally enacted).

Issue of warrants by circuit judge

12If on an application made by a constable a circuit judge—

(a)is satisfied—

(i)that either set of access conditions is fulfilled; and

(ii)that any of the further conditions set out in paragraph 14 below is also fulfilled ; or

(b)is satisfied—

(i)that the second set of access conditions is fulfilled; and

(ii)that an order under paragraph 4 above relating to the material has not been complied with,

he may issue a warrant authorising a constable to enter and search the premises.

13A constable may seize and retain anything for which a search has been authorised under paragraph 12 above.

14The further conditions mentioned in paragraph 12(a)(ii) above are—

(a)that it is not practicable to communicate with any person entitled to grant entry to the premises to which the application relates ;

(b)that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the material;

(c)that the material contains information which—

(i)is subject to a restriction or obligation such as is mentioned in section 11(2)(b) above ; and

(ii)is likely to be disclosed in breach of it if a warrant is not issued;

(d)that service of notice of an application for an order under paragraph 4 above may seriously prejudice the investigation.

15(1)If a person fails to comply with an order under paragraph 4 above, a circuit judge may deal with him as if he had committed a contempt of the Crown Court.

(2)Any enactment relating to contempt of the Crown Court shall have effect in relation to such a failure as if it were such a contempt.

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