National Security Act 2023

Urgent cases

13 (1) This paragraph applies where confidential journalistic material is seized by virtue of an order under paragraph 12 giving the authority which may be given by a warrant under paragraph 9.

(2) A constable may apply to a judge for the issue of a warrant under this paragraph.

(3) An application under sub-paragraph (2) must be made as soon as reasonably practicable after the material is seized.

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

(5) Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed.

(6) 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 an investigation into whether a relevant act has been, or is about to be, committed.

(7) 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 investigation if the material is retained.

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

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

(10) If the judge does not grant an application for the issue of a warrant under this paragraph in relation to any of the material to which the application relates, the judge may direct that the material is—

(a) returned to the person from whom it was seized, or

(b) destroyed.