Counter-Terrorism Act 2008

Counter-Terrorism Act 2008

2008 CHAPTER 28

Commentary on Sections

Part 1 – Powers to Gather and Share Information

Power to remove documents for examination

Section 4 – Record of removal

23. Subsections (1) and (2) provide that a constable who removes a document using the new power of removal must make a written record of the removal as soon as is reasonably practicable and in any event within 24 hours of the removal.

24. Subsections (3), (4) and (5) set out the matters to be included in such record and subsection (10) makes specific provision as to how the reference to the address of the premises in subsection (3) is to be interpreted where the search is of a vehicle. Many of the listed search powers include searches of vehicles (for example, searches under Schedule 5 to the 2000 Act may be of “any premises”, and “premises” is defined in section 121 of that Act to include vehicles).

25. Subsections (7) and (8) provide that a constable must, within a reasonable time of receiving a request, supply a copy of the search record to a person with an interest in the document as defined.

26. Subsection (9) provides that if a document has been found during the course of a search under a warrant in England and Wales or Northern Ireland, the constable must endorse the warrant stating that the document was removed under the provisions of section 1 of this Act. This is so that the person or court which issued the warrant will be aware of the action that has been taken under it when the warrant is returned to them.