Prevention of Terrorism (Temporary Provisions) Act 1989 (repealed)

Order for production of material S

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, [F1 he 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 [F3 has 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

F1 Words in Sch. 7 para. 12(2) substituted (3.11.1994) by 1994 c. 33, s. 83(2)(a)(i)

F2 Words in Sch. 7 para. 12(2) inserted (3.11.1994) by 1994 c. 33, s. 83(2)(a)(i)

F3 Words 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)

C2 Sch. 7 para. 12 restricted (28.7.1998) by 1998 c. 35, s. 14(3)(a); S.I. 1998/1858, art. 2

13 (1) Provision may be made by Act of Adjournal as to—

(a) the discharge and variation of orders under paragraph 12 above; and

(b) proceedings relating to such orders.

(2) The following provisions shall have effect pending the coming into force of an Act of Adjournal under sub-paragraph (1) above—

(a) an order under paragraph 12 above may be discharged or varied by a sheriff on a written application made to him by any person subject to the order;

(b) unless the sheriff otherwise directs on grounds of urgency, the applicant shall, not less than forty-eight hours before making the application, send a copy of it and a notice in writing of the time and place where the application is to be made to the procurator fiscal on whose application the order to be discharged or varied was made.

(3) Where the material to which an application under paragraph 12 above relates consists of information contained in a computer—

(a) an order under sub-paragraph (2)(a) of that paragraph shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible; and

(b) an order under sub-paragraph (2)(b) of that paragraph shall have effect as an order to give access to the material in a form in which it is visible and legible;

(4) Subject to paragraph 17(1)(b) below, an order under paragraph 12 above shall have effect notwithstanding any obligation as to secrecy or other restriction on the disclosure of information imposed by statute or otherwise.

(5) An order may be made under paragraph 12 above in relation to material in the possession [F4 , custody or power] of a government department which is an authorised government department for the purposes of the M1 Crown Proceedings Act 1947; and any such order (which shall be served as if the proceedings were civil proceedings against the department) may require any officer of the department, whether named in the order or not, who may for the time being [F5 have in his possession , custody or power] the material concerned to comply with such order.

Textual Amendments

F4 Words in Sch. 7 para. 13(5) inserted (3.11.1994) by 1994 c. 33, s. 83(2)(b)(i)

F5 Words in Sch. 7 para. 13(5) substituted (3.11.1994) by 1994 c. 33, s. 83(2)(b)(ii)

Marginal Citations

M1 1947 c. 42.