15(1)A police officer of at least the rank of superintendent may by a written order signed by him give to any constable the authority which may be given by a search warrant under paragraph 1 or 11 [F1(subject to sub-paragraph (1A))].E+W+N.I.
[F2(1A)An order under this paragraph giving the authority which may be given by a search warrant under paragraph 11 does not authorise a constable to retain confidential journalistic material.
(1B)“Confidential journalistic material” means material which is excluded material by virtue of section 11(1)(c) of the Police and Criminal Evidence Act 1984.]
(2)An order shall not be made under this paragraph unless the officer has reasonable grounds for believing—
(a)that the case is one of great emergency, and
(b)that immediate action is necessary.
(3)Where an order is made under this paragraph particulars of the case shall be notified as soon as is reasonably practicable to the Secretary of State.
(4)A person commits an offence if he wilfully obstructs a search under this paragraph.
(5)A person guilty of an offence under sub-paragraph (4) shall be liable on summary conviction to—
(a)imprisonment for a term not exceeding three months,
(b)a fine not exceeding level 4 on the standard scale, or
(c)both.
Textual Amendments
F1Words in Sch. 5 para. 15(1) inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 17 para. 2(3)(a) (with s. 97); S.I. 2023/1272, reg. 2(d)
F2Sch. 5 para. 15(1A)(1B) inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 17 para. 2(3)(b) (with s. 97); S.I. 2023/1272, reg. 2(d)
Modifications etc. (not altering text)
C1Sch. 5 para. 15: 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
C2Sch. 5 para. 15: power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68. Sch. 1 Pt. 1 para. 83; S.I. 2003/708, art. 2
C3Sch. 5 para. 15 modified (1.4.2003) by 2001 c. 16, ss. 55, 68, Sch. 1 Pt. 3 para. 109(2) (with s. 57(3)); S.I. 2003/708, art. 2
[F315A(1)This paragraph applies where confidential journalistic material is seized by virtue of an order under paragraph 15 giving the authority which may be given by a search warrant under paragraph 11.E+W+N.I.
(2)A constable may apply to a Circuit judge for the issue of a warrant under this paragraph.
(3)An application under sub-paragraph (2) must be made as soon as reasonably practicable after the material is seized.
(4)The judge may grant an application under sub-paragraph (2) if satisfied that conditions 1 to 3 are met.
(5)Condition 1 is that the warrant is sought for the purposes of a terrorist investigation.
(6)Condition 2 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to a terrorist investigation.
(7)Condition 3 is that there are reasonable grounds for believing that it is in the public interest that the material should be retained having regard to the benefit likely to accrue to the terrorist investigation if the material is retained.
(8)A warrant under this paragraph is a warrant authorising the retention of confidential journalistic material.
(9)A warrant under this paragraph may impose conditions on the retention and use of the material.
(10)If the judge does not grant an application for the issue of a warrant under this paragraph in relation to any of the material to which the application relates, the judge may direct that the material is—
(a)returned to the person from whom it was seized, or
(b)destroyed.
(11)“Confidential journalistic material” has the same meaning as in paragraph 15.]
Textual Amendments
F3Sch. 5 para. 15A inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 17 para. 2(4) (with s. 97); S.I. 2023/1272, reg. 2(d)
16(1)If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency he may by a written notice signed by him require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under paragraph 15.E+W+N.I.
(2)Sub-paragraphs (2) to (4) of paragraph 13 and paragraph 14 shall apply to a notice under this paragraph as they apply to an order under paragraph 13.
(3)A person commits an offence if he fails to comply with a notice under this paragraph.
(4)It is a defence for a person charged with an offence under sub-paragraph (3) to show that he had a reasonable excuse for his failure.
(5)A person guilty of an offence under sub-paragraph (3) shall be liable on summary conviction to—
(a)imprisonment for a term not exceeding six months,
(b)a fine not exceeding level 5 on the standard scale, or
(c)both.