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(1)If a justice of the peace is satisfied by information on oath laid by a constable that there is reasonable ground for suspecting that a relevant offence has been committed by any person in respect of a programme included in a programme service, he may make an order authorising any constable to require that person—
(a)to produce to the constable a visual or sound recording of any matter included in that programme, if and so far as that person is able to do so; and
(b)on the production of such a recording, to afford the constable an opportunity of causing a copy of it to be made.
(2)An order made under this section shall describe the programme to which it relates in a manner sufficient to enable that programme to be identified.
(3)A person who without reasonable excuse fails to comply with any requirement of a constable made by virtue of subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.
(4)No order shall be made under this section in respect of any recording in respect of which a warrant could be granted under any of the following provisions, namely—
(a)section 3 of the [1959 c. 66.] Obscene Publications Act 1959;
(b)section 24 of the [1986 c. 64.] Public Order Act 1986; and
(c)Article 14 of the [S.I.1987/463 (N.I.7).] Public Order (Northern Ireland) Order 1987.
(5)In the application of subsection (1) to England and Wales “relevant offence” means an offence under—
(a)section 2 of the Obscene Publications Act 1959; or
(b)section 22 of the Public Order Act 1986.
(6)In the application of subsection (1) to Scotland—
(a)“relevant offence” means an offence under—
(i)section 51 of the [1982 c. 45.] Civic Government (Scotland) Act 1982, or
(ii)section 22 of the Public Order Act 1986;
(b)the reference to a justice of the peace shall include a reference to the sheriff; and
(c)for the reference to information on oath there shall be substituted a reference to evidence on oath.
(7)In the application of subsection (1) to Northern Ireland—
(a)“relevant offence” means an offence under Article 12 of the Public Order (Northern Ireland) Order 1987;
(b)for the reference to a justice of the peace there shall be substituted a reference to a resident magistrate; and
(c)for the reference to information on oath laid by a constable there shall be substituted a reference to a complaint on oath made by a constable.
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