This paragraph applies where confidential journalistic material is seized by virtue of an order under paragraph 31.

The procurator fiscal may apply to a sheriff for the issue of a warrant under this paragraph.

An application under sub-paragraph (2) must be made as soon as reasonably practicable.

The sheriff may grant an application under sub-paragraph (2) if satisfied that conditions 1 to 3 are met.

Condition 1 is that the warrant is sought for the purposes of a terrorist investigation.

Condition 2 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to a terrorist investigation.

Condition 3 is that there are reasonable grounds for believing that it is in the public interest that the material should be retained having regard to the benefit likely to accrue to the terrorist investigation if the material is retained.

A warrant under this paragraph is a warrant authorising the retention of confidential journalistic material.

A warrant under this paragraph may impose conditions on the retention and use of the material.

“Confidential journalistic material” has the same meaning as in paragraph 31.