Sch. 5
(4) 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.
12.—(1) A Circuit judge may grant an application under paragraph 11 if satisfied that an order made under paragraph 5 in relation to material on the premises specified in the application has not been complied with.
(2) A Circuit judge may also grant an application under paragraph 11 if satisfied that there are reasonable grounds for believing that—
- (a) there is material on premises specified in the application which consists of or includes excluded material or special procedure material but does not include items subject to legal privilege, and
- (b) the conditions in sub-paragraphs (3) and (4) are satisfied.
(3) The first condition is that—
- (a) the warrant is sought for the purposes of a terrorist investigation, and
- (b) the material is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation.
(4) The second condition is that it is not appropriate to make an order under paragraph 5 in relation to the material because—
- (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 on which the material is situated, or
- (c) a terrorist investigation may be seriously prejudiced unless a constable can secure immediate access to the material.
Explanations
13.—(1) A constable may apply to a Circuit judge for an order under this paragraph requiring any person specified in the order to provide an explanation of any material—
- (a) seized in pursuance of a warrant under paragraph 1 or 11, or
- (b) produced or made available to a constable under paragraph 5.
(2) An order under this paragraph shall not require any person to disclose any information which he would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court.
(3) But a lawyer may be required to provide the name and address of his client.
(4) A statement by a person in response to a requirement imposed by an order under this paragraph—
- (a) may be made orally or in writing, and
- (b) may be used in evidence against him only on a prosecution for an offence under paragraph 14.
(5) Paragraph 10 shall apply to orders under this paragraph as it applies to orders under paragraph 5.
14.—(1) A person commits an offence if, in purported compliance with an order under paragraph 13, he—
- (a) makes a statement which he knows to be false or misleading in a material particular, or
