Page:Terrorism Act 2000 (UKPGA 2000-11 qp).pdf/98

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Terrorism Act 2000
c. 1193

Sch. 5

(3) For the purpose of sub-paragraph (2)(c) material is relevant if the constable has reasonable grounds for believing that—

(a) it is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation, and
(b) it must be seized in order to prevent it from being concealed, lost, damaged, altered or destroyed.

(4) A warrant under this paragraph shall not authorise—

(a) the seizure and retention of items subject to legal privilege, or
(b) a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.

(5) Subject to paragraph 2, a justice 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 premises specified in the application which is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation and which does not consist of or include excepted material (within the meaning of paragraph 4 below), and
(c) that the issue of a warrant is likely to be necessary in the circumstances of the case.

2.—(1) This paragraph applies where an application is made under paragraph 1 and—

(a) the application is made by a police officer of at least the rank of superintendent,
(b) the application does not relate to residential premises, and
(c) the justice to whom the application is made is not satisfied of the matter referred to in paragraph 1(5)(c).

(2) The justice may grant the application if satisfied of the matters referred to in paragraph 1(5)(a) and (b).

(3) Where a warrant under paragraph 1 is issued by virtue of this paragraph, the powers under paragraph 1(2)(a) and (b) are exercisable only within the period of 24 hours beginning with the time when the warrant is issued.

(4) For the purpose of sub-paragraph (1) “residential premises” means any premises which the officer making the application has reasonable grounds for believing are used wholly or mainly as a dwelling.

3.—(1) Subject to sub-paragraph (2), a police officer of at least the rank of superintendent may by a written authority signed by him authorise a search of specified premises which are wholly or partly within a cordoned area.

(2) A constable who is not of the rank required by sub-paragraph (1) may give an authorisation under this paragraph if he considers it necessary by reason of urgency.

(3) An authorisation under this paragraph shall authorise any constable—

(a) to enter the premises specified in the authority,
(b) to search the premises and any person found there, and
(c) to seize and retain any relevant material (within the meaning of paragraph 1(3)) which is found on a search under paragraph (b).

(4) The powers under sub-paragraph (3)(a) and (b) may be exercised—

(a) on one or more occasions, and