SCHEDULES
SCHEDULE 5 Terrorist Investigations: Information
Part I England and Wales and Northern Ireland
Excluded or special procedure material: search
12
1
A Circuit judge may grant an application under paragraph 11 if satisfied that an order made under paragraph 5 in relation to material on the premises specified in the application has not been complied with.
2
A Circuit judge may also grant an application under paragraph 11 if satisfied that there are reasonable grounds for believing that—
a
there is material on premises specified in the application which consists of or includes excluded material or special procedure material but does not include items subject to legal privilege, and
b
the conditions in sub-paragraphs (3) and (4) are satisfied.
3
The first condition is that—
a
the warrant is sought for the purposes of a terrorist investigation, and
b
the material is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation.
4
The second condition is that it is not appropriate to make an order under paragraph 5 in relation to the material because—
a
it is not practicable to communicate with any person entitled to produce the material,
b
it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated, or
c
a terrorist investigation may be seriously prejudiced unless a constable can secure immediate access to the material.