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SCHEDULES

SCHEDULE 1SPECIAL PROCEDURE

Issue of warrants by county court judge

9.  If on an application made by a constable a county court 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 11 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 relating to the material has not been complied with,

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

10.  A constable may seize and retain anything for which a search has been authorised under paragraph 9.

11.  The further conditions mentioned in paragraph 9(a)(ii) 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 Article 13(2)(b); 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 may seriously prejudice the investigation for the purpose of which the application is sought, or other investigations.

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

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