2 Searches of non-residential premises.
1
Schedule 7 to the 1989 Act (terrorist investigations) is amended as follows.
2
After paragraph 2 insert—
2A Search of non-residential premises
1
A justice of the peace may, on an application made by a police officer of at least the rank of superintendent, issue a warrant under this paragraph if satisfied that a terrorist investigation is being carried out and that there are reasonable grounds for believing—
a
that there is material which is likely to be of substantial value (whether by itself or together with other material) to the investigation to be found on one or more of the premises specified in the application; and
b
that the material does not consist of or include items subject to legal privilege, excluded material or special procedure material.
2
The officer making an application under this paragraph may not include in the premises specified in the application any which he has reasonable cause to believe are used wholly or mainly as a dwelling.
3
A warrant under this paragraph shall authorise a constable to enter any of 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 an item subject to legal privilege, if he has reasonable grounds for believing—
a
that it is likely to be of substantial value (whether by itself or together with other material) to the investigation; and
b
that it is necessary to seize it in order to prevent it from being concealed, lost, damaged, altered or destroyed.
4
Entry and search under a warrant issued under this paragraph must be within 24 hours from the time when the warrant is issued.
3
In paragraph 6(1) (power of Circuit judge to order person to provide an explanation of material seized in pursuance of a warrant under paragraph 2 or 5), after “2” insert “
, 2A
”
.
4
In paragraph 7(1), (power of police officer of at least the rank of superintendent, in cases of great urgency, to give constable the authority given by a search warrant under paragraph 2 or 5), after “2” insert “
, 2A
”
.
5
After paragraph 11 insert—
11A Search of non-residential premises
1
A procurator fiscal may, for the purposes of a terrorist investigation, apply to a sheriff for a warrant under this paragraph in relation to two or more premises specified in the application.
2
A procurator fiscal making an application under this paragraph may not include in the premises so specified any which he has reasonable cause to believe are used wholly or mainly as a dwelling.
3
On such an application a sheriff may issue a warrant authorising a constable to enter and search the premises specified in the application if the sheriff is satisfied that—
a
a terrorist investigation is being carried out; and
b
there are reasonable grounds for believing that there is material which is likely to be of substantial value (whether by itself or together with other material) to the investigation to be found on one or more of those premises.
4
A warrant under this paragraph shall authorise a constable to enter any of the premises specified in the warrant and to search those premises and any person found there and to seize and retain any material found there or on any such person, if he has reasonable grounds for believing that—
a
it is likely to be of substantial value (whether by itself or together with any other material) to the investigation; and
b
it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.
5
Entry and search under a warrant issued under this paragraph must be within 24 hours from the time when the warrant is issued.
6
A warrant issued under this paragraph may authorise persons named in the warrant to accompany a constable who is executing it.
6
In paragraph 15(1) (power of sheriff to order explanation of material produced to or seized by a constable) after second “paragraph” insert “
11A or
”
.
7
In paragraph 16(1) (power of police officer of at least the rank of superintendent, in cases of great urgency, to give constable authority given by search warrant under paragraph 14) after “paragraph” insert “
11A or
”
.
8
In paragraph 17(2) (power of constable acting under this Schedule to open lockfast places) after second “paragraph” insert “
11A or
”
.