Part VII Prohibition on Inclusion of Obscene and Other Material in Programme Services
Supplementary
C1167 Power to make copies of recordings.
1
If a justice of the peace is satisfied by information on oath laid by a constable that there is reasonable ground for suspecting that a relevant offence has been committed by any person in respect of a programme included in a programme service, he may make an order authorising any constable to require that person—
a
to produce to the constable a visual or sound recording of any matter included in that programme, if and so far as that person is able to do so; and
b
on the production of such a recording, to afford the constable an opportunity of causing a copy of it to be made.
2
An order made under this section shall describe the programme to which it relates in a manner sufficient to enable that programme to be identified.
3
A person who without reasonable excuse fails to comply with any requirement of a constable made by virtue of subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.
4
No order shall be made under this section in respect of any recording in respect of which a warrant could be granted under any of the following provisions, namely—
a
section 3 of the M1Obscene Publications Act 1959;
c
Article 14 of the M3Public Order (Northern Ireland) Order 1987.
5
In the application of subsection (1) to England and Wales “relevant offence” means an offence under—
a
section 2 of the Obscene Publications Act 1959; or
b
section 22 F2or 29F of the Public Order Act 1986.
6
In the application of subsection (1) to Scotland—
a
“relevant offence” means an offence under—
i
section 51 of the M4Civic Government (Scotland) Act 1982, or
ii
section 22 of the Public Order Act 1986;
b
the reference to a justice of the peace shall include a reference to the sheriff; and
c
for the reference to information on oath there shall be substituted a reference to evidence on oath.
7
In the application of subsection (1) to Northern Ireland—
a
“relevant offence” means an offence under Article 12 of the Public Order (Northern Ireland) Order 1987;
b
for the reference to a justice of the peace there shall be substituted a reference to a resident magistrate; and
c
for the reference to information on oath laid by a constable there shall be substituted a reference to a complaint on oath made by a constable.