Urgent casesS
31(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 28 [F1(subject to sub-paragraph (1A))].S
[F2(1A)An order under this paragraph does not authorise a constable to retain confidential journalistic material.
(1B)“Confidential journalistic material” has the same meaning as in the Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act).]
(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.
Textual Amendments
F1Words in Sch. 5 para. 31(1) inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 17 para. 2(6)(a) (with s. 97); S.I. 2023/1272, reg. 2(d)
F2Sch. 5 para. 31(1A)(1B) inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 17 para. 2(6)(b) (with s. 97); S.I. 2023/1272, reg. 2(d)
[F331A(1)This paragraph applies where confidential journalistic material is seized by virtue of an order under paragraph 31.S
(2)The procurator fiscal may apply to a sheriff for the issue of a warrant under this paragraph.
(3)An application under sub-paragraph (2) must be made as soon as reasonably practicable.
(4)The sheriff 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 sheriff 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 sheriff 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 31.]
Textual Amendments
F3Sch. 5 para. 31A inserted (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 17 para. 2(7) (with s. 97); S.I. 2023/1272, reg. 2(d)
32(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 22.S
(2)Sub-paragraphs (2) and (3) of paragraph 30 shall apply to a notice under this paragraph as they apply to an order under that paragraph.
(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) is liable on summary conviction to imprisonment for a term not exceeding six months, to a fine not exceeding level 5 on the standard scale or to both.