5(1)A constable may apply to a Circuit judge for a warrant under this paragraph in relation to specified premises.
(2)On such an application the judge may issue a warrant under this paragraph if satisfied—
(a)that an order made under paragraph 3 above in relation to material on the premises has not been complied with; or
(b)that there are reasonable grounds for believing that there is on the premises material consisting of or including excluded material or special procedure material, that it does not include items subject to legal privilege and that the conditions in sub-paragraph (5) of that paragraph and the condition in sub-paragraph (3) below are fulfilled in respect of that material.
(3)The condition referred to in sub-paragraph (2)(b) above is that it would not be appropriate to make an order under paragraph 3 above in relation to the material because—
(a)it is not practicable to communicate with any person entitled to produce the material; or
(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)the investigation for the purposes of which the application is made might be seriously prejudiced unless a constable could secure immediate access to the material.
(4)A warrant under this paragraph shall authorise a constable to enter the premises specified in the warrant and to search the premises and any person found there and to seize and retain anything found there or on any such person, other than items subject to legal privilege, if he has reasonable grounds for believing that it is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the application was made.
(5)In Northern Ireland the power to issue a warrant under this paragraph shall be exercised by a county court judge.