SearchesS
28(1)The procurator fiscal may apply to the sheriff to grant a warrant under this paragraph for the purposes of a terrorist investigation.S
(2)A warrant under this paragraph shall authorise any constable—
(a)to enter [F1premises mentioned in sub-paragraph (2A)] ,
(b)to search the premises and any person found there, and
(c)to seize and retain any relevant material which is found on a search under paragraph (b).
[F2(2A)The premises referred to in sub-paragraph (2)(a) are—
(a)one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or
(b)any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).]
(3)For the purpose of sub-paragraph (2)(c) material is relevant if the constable has reasonable grounds for believing that it is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation.
(4)The sheriff may grant an application under this paragraph if satisfied—
(a)that the warrant is sought for the purposes of a terrorist investigation,
(b)that there are reasonable grounds for believing that there is material on [F3premises to which the application relates] which is likely to be of substantial value to a terrorist investigation, F4. . .
(c)that one of the conditions in paragraph 29 is satisfied [F5, and]
[F6(d)in the case of an application for an all premises warrant, that it is not reasonably practicable to specify in the application all the premises which the person so specified occupies or controls and which might need to be searched.]
(5)Where [F7a specific premises warrant] is granted in relation to non-residential premises, the entry and search must be within the period of 24 hours beginning with the time when the warrant is granted.
(6)For the purpose of sub-paragraph (5) “non-residential premises” means any premises other than those which the procurator fiscal has reasonable grounds for believing are used wholly or mainly as a dwelling.
[F8(6A)Where an all premises warrant is granted, entry and search in pursuance of the warrant of any premises which are non-residential premises must be within the period of 24 hours beginning with the time when the warrant is granted.
(6B) For the purpose of sub-paragraph (6A) “ non-residential premises ” means any premises other than those which the constable executing the warrant has reasonable grounds for believing are used wholly or mainly as a dwelling. ]
(7)A warrant under this paragraph may authorise the persons named in the warrant to accompany the constable who is executing it.
Textual Amendments
F1Words in Sch. 5 para. 28(2)(a) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(2); S.I. 2006/1013, art. 2
F2Sch. 5 para. 28(2A) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(3); S.I. 2006/1013, art. 2
F3Words in Sch. 5 para. 28(4)(b) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(4)(a); S.I. 2006/1013, art. 2
F4Word in Sch. 5 para. 28(4)(b) repealed (13.4.2006) by Terrorism Act 2006 (c. 11), s. 37(5), Sch. 3; S.I. 2006/1013, art. 2
F5Word in Sch. 5 para. 28(4)(c) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(4)(b); S.I. 2006/1013, art. 2
F6Sch. 5 para. 28(4)(d) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(4)(c); S.I. 2006/1013, art. 2
F7Words in Sch. 5 para. 28(5) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(5); S.I. 2006/1013, art. 2
F8Sch. 5 para. 28(6A)(6B) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(6); S.I. 2006/1013, art. 2
29(1)The conditions referred to in paragraph 28(4)(c) are—S
(a)that an order made under paragraph [F922] in relation to material on the premises has not been complied with [F10and, in the case of an application for an all premises warrant, the person specified in the order in pursuance of paragraph 22(3) is also specified in the application] , or
(b)that for any of the reasons mentioned in sub-paragraph (2) it would not be appropriate to make such an order.
(2)The reasons are—
(a)it is not practicable to communicate with any person entitled to produce the material,
(b)it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises [F11to which the application for the warrant relates] , or
(c)the investigation for the purposes of which the application is made may be seriously prejudiced unless a constable can secure immediate access to the material.
Textual Amendments
F9Word in Sch. 5 para. 29(1)(a) substituted (1.4.2003) by 2001 c. 16, s. 70, Sch. 2 Pt. 2 para. 27; S.I. 2003/708, art. 2
F10Words in Sch. 5 para. 29(1)(a) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(7)(a); S.I. 2006/1013, art. 2
F11Words in Sch. 5 para. 29(2)(b) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 27(7)(b); S.I. 2006/1013, art. 2