Prevention of Terrorism (Temporary Provisions) Act 1989 (repealed)

3 (1) A constable may, for the purposes of a terrorist investigation, apply to a Circuit judge for an order under sub-paragraph (2) below in relation to particular material or material of a particular description, being material consisting of or including excluded material or special procedure material.

(2) If on such an application the judge is satisfied that the material consists of or includes such material as is mentioned in sub-paragraph (1) above, that it does not include items subject to legal privilege and 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 judge 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 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 is made; 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 judge makes an order under sub-paragraph (2)(b) above in relation to material on any premises he may, on the application of a constable, 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.

(7) In Northern Ireland the power to make an order under this paragraph shall be exercised by a county court judge.

Textual Amendments

F1 Words in Sch. 7 para. 3(2) substituted (3.11.1994) by 1994 c. 33, s. 83(1)(a)(i)

F2 Words in Sch. 7 para. 3(2) inserted (3.11.1994) by 1994 c. 33, s. 83(1)(a)(i)

F3 Words in Sch. 7 para. 3(5)(b)(ii) substituted (3.11.1994) by 1994 c. 33, s. 83(1)(a)(ii)

Modifications etc. (not altering text)

C1 Sch. 7 para. 3 restricted (28.7.1998) by 1998 c. 35, s. 14(3)(a); S.I. 1998/1858, art. 2