12(1)A procurator fiscal may, for the purpose of a terrorist investigation, apply to a sheriff for an order under sub-paragraph (2) below in relation to particular material or material of a particular description.
(2)If on such an application the sheriff is satisfied that the conditions in sub-paragraph (5) below are fulfilled, [F1he may order a person who appears to him to have in his possession, custody or power any of the material to which the application relates, to—]
(a)produce it to a constable for him to take away; or
(b)give a constable access to it,
within such period as the order may specify and if the material is not in that person’s possession [F2, custody or power] (and will not come into his possession [F2, custody or power] within that period) to state to the best of his knowledge and belief where it is.
(3)An order under sub-paragraph (2) above may relate to material of a particular description which is expected to come into existence or become available to the person concerned in the period of twenty-eight days beginning with the date of the order; and an order made in relation to such material shall require that person to notify a named constable as soon as possible after the material comes into existence or becomes available to that person.
(4)The period to be specified in an order under sub-paragraph (2) above shall be seven days from the date of the order or, in the case of an order made by virtue of sub-paragraph (3) above, from the notification to the constable unless it appears to the sheriff that a longer or shorter period would be appropriate in the particular circumstances of the application.
(5)The conditions referred to in sub-paragraph (2) above are—
(a)that a terrorist investigation is being carried out and that there are reasonable grounds for believing that the material to which the application relates is likely to be of substantial value (whether by itself or together with other material) to the investigation; and
(b)that there are reasonable grounds for believing that it is in the public interest, having regard—
(i)to the benefit likely to accrue to the investigation if the material is obtained; and
(ii)to the circumstances under which the person [F3has the material in his possession, custody or power]
that the material should be produced or that access to it should be given.
(6)Where the sheriff makes an order under sub-paragraph (2)(b) above in relation to material on any premises he may, on the application of the procurator fiscal, order any person who appears to him to be entitled to grant entry to the premises to allow a constable to enter the premises to obtain access to the material.
Textual Amendments
F1Words in Sch. 7 para. 12(2) substituted (3.11.1994) by 1994 c. 33, s. 83(2)(a)(i)
F2Words in Sch. 7 para. 12(2) inserted (3.11.1994) by 1994 c. 33, s. 83(2)(a)(i)
F3Words in Sch. 7 para. 12(5)(b)(ii) substituted (3.11.1994) by 1994 c. 33, s. 83(2)(a)(ii)
Modifications etc. (not altering text)
C2Sch. 7 para. 12 restricted (28.7.1998) by 1998 c. 35, s. 14(3)(a); S.I. 1998/1858, art. 2