Powers of entry in relation to Additional Protocol information
4
1
If a justice of the peace is satisfied, on information on oath, that a person served with a notice under section 2(2) has refused to give all or any of the information required by the notice, or has failed to give all or any of that information within the period or at the time required by the notice, and that there are reasonable grounds for believing—
a
that the Secretary of State is not in possession of all or any of the information which that person has refused or failed to give; and
b
that a document or other thing, containing any of the information which that person has refused or failed to give and which is not in the possession of the Secretary of State, is to be found on any premises,
he may issue a warrant authorising an authorised officer to enter the premises, if necessary by force, at any reasonable hour within one month from the time of the issue of the warrant and to search them.
2
If a justice of the peace is satisfied, on information on oath, that the Secretary of State has specified information, or information of a description, in a notice served under section 2(2) or in a certificate for the purposes of this subsection, and that there are reasonable grounds for believing—
a
that the Secretary of State is not in possession of all or any of the information so specified or all or any information of the description so specified;
b
that a document or other thing containing any of the information so specified or any information of the description so specified is to be found on any premises; and
c
that the document or other thing is likely to be altered, destroyed or otherwise disposed of without all the information so specified or all the information of the description so specified which is contained in it and is not in the possession of the Secretary of State having been given to him,
he may issue a warrant authorising an authorised officer to enter the premises, if necessary by force, at any reasonable hour within one month from the time of the issue of the warrant and to search them.
3
For the purposes of subsection (2) there may be specified in a certificate only information, or information of a description, which could be specified in a notice under section 2(2).
4
Subsections (1) and (2) apply to Scotland with the substitution—
a
for “justice of the peace” of “justice (within the meaning of section 307 of the Criminal Procedure (Scotland) Act 1995)”; and
b
for “on information on oath” of “by evidence on oath”.
5
The powers of an authorised officer who enters premises under the authority of a warrant under this section include power—
a
to take with him such other persons and such equipment as appear to him to be necessary;
b
to inspect anything found on the premises;
c
to require any information which is held in electronic form and is accessible from the premises to be produced in a form in which he can read and copy it; and
d
to copy, or to seize and remove, any document or other thing which he has reasonable cause to believe is something which contains Additional Protocol information.
6
A constable who enters premises under the authority of a warrant or by virtue of subsection (5)(a) may—
a
give such assistance as an authorised officer may request for the purpose of facilitating the exercise of any power under this section; and
b
search or cause to be searched any person on the premises who the constable has reasonable cause to believe may have in his possession any document or other thing falling within subsection (5)(d).
7
No constable shall, by virtue of subsection (6)(b), search a person of the opposite sex.
8
The powers conferred by a warrant under this section shall only be exercisable, if the warrant so provides, in the presence of a constable.
9
A person who—
a
wilfully obstructs an authorised officer in the exercise of a power conferred by a warrant under this section; or
b
fails without reasonable excuse to comply with a reasonable request made by an authorised officer or a constable for the purpose of facilitating the exercise of such a power,
is guilty of an offence.
10
In this section any reference to information contained in a document or other thing includes a reference to information which may be obtained from that document or other thing.
1995 c. 46.